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NAVY | BCNR | CY2009 | 07234-09
Original file (07234-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 7234-09
28 July 2010

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj * Sor Ge?

     

AVAL RECORD OF ¥

Ref: {a} 10 U.S.C. 1552

Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting a change of his narrative reason for separation
and separation code on the Certificate of Release or Discharge
From Active Duty (DD Form 214).

      

- wii, and Ms.

"WOMEN xeviewed Petitioner's allegatioms’’o error and
injustice on 30 June 2010 and, pursuant to its regulations,
determined that the partial corrective action indicated below
should be taken on the available evidence of record. Documentary

material considered by the Board consisted of the enclosures,
naval records, and applicable statutes, regulations, and
policies.

2. The Board, consisting of Messrs i

3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department ef the Navy.

b. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
Statute of limitations and review the application on its merits.

c. Petitioner enlisted in the Navy on 16 January 1390 at age
19. During his enlistment, he served without disciplinary
incident, wags advanced to paygrade E-4, received a National
Defense Service Medal, Joint Meritorious Unit Award, Good Conduct
Award, Southwest Asia Service Medal and a Sea Service Deployment

Ribbon. °
d. The Petitioner was discharged under honorable conditions
at the expiration of his enlistment, having served 3 years, 11
months and 27 days. On 12 January 1994 he was issued a DD Form
214 which characterized his service as honorable. However, it
incorrectly stated the narrative reason for separation and
separation code as “Insufficient Retainability (Economic
Reasons)” and “MBM”, respectively.

e. In Petitioner's application, he states, in part, that his
narrative reason for separation is incorrect and believes that
the DD Form 214 should reflect that he completed his obligated
service.

CONCLUSION :

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.

The Board notes the error reflected in the narrative reason for
separation and separation code on his DD Form 214, which are
insufficient retainability and MBM, and as such concludes that
favorable corrective action is warranted, specifically the DD
Form 214 should be corrected by deleting the words “Insufficient
Retainability (Economic Reasons)” and changing the separation
code of “MBM” as directed by regulatory guidance.

Based on the foregoing, and considering the fact that Petitioner
has suffered the consequences of not having a DD Form 214 which
reflects a correct narrative reason for separation and separation
code, the Board concludes that the issuance of a corrected DD
Form 214 is appropriate at this time.

In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.

RECOMMENDATION :

a. That Petitioner's naval record is corrected as follows,
and that he is issued a corrected DD Form 214:

(1) Correct the DD Form 214, block 26/Separation Code to
YLBK” vice MBM.

(2) Correct the DD Form 214, block 28/Narrative Reason for
Separation by deleting the word “Insufficient Retainability
(economic reasons)”. The narrative reason for separation should
read as “Completion of required active service”.

b. That no further relief be granted.
ec. That only the material inconsistent with or relating to
the Board’s recommendation regarding the corrected DD Form 214,
is removed from Petitioner’s record. Further, that any material
directed to be removed from Petitioner’s record be returned to
the Board, together with a copy of this Report of Proceedings.

d. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.

4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(¢), it is certified that a quorum was
present at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.

ROBERT D. ZSALMAN BRIAN \ GEORGE
Recorder Acting Recorder

5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy. ;

> Near

W. DEAN PFEIRF
Executive Di

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