DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
4
HD: had
Docket No. 09564-0929
9 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub: dF na
REVIEW OF NAVAL RECORD
Ref: -(a) 10 U.S.C, 1552
Enel: (1) DD Form 149 dtd 8 Sep09
(2) PERS-913 memo dtd 30 Oct 09 w/enclosures
(3) PERS-832B memo dtd 23 Nov 09
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to remove documentation showing he was
separated from.the Navy Reserve for "unsatisfactory
performance."
2. The Board, consisting of Ms. LeBlanc and Messrs. Grover and
McBride, reviewed Petitioner's allegations of error and
injustice on 7 January 2010, and pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, applicable
statutes, regulations and policies.
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 of the Navy.
b. In enclosure (2), PERS-913, the Navy Personnel Command
(NPC) office having cognizance over the subject matter of
Petitioner's case, has commented to the effect the request has
merit and warrants favorable action. That office further
recommended correcting Petitioner's record to show he was
honorably discharged from the Navy Reserve on 16 February 2007
by reason of expiration of obligated service with a reenlistment
code of RE-1 (eligible for reenlistment) and awarding him
membership point credit for the period from 31 May 2003
(transfer to the Individual Ready Reserve) to 16 February 2007.
c. In enclosure (3), PERS-832B, the NPC office with
cognizance over enlisted performance and separations, interposed
no objection to the opinions of PERS-913.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an error and injustice warranting the
following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
any documentation reflecting he was separated from the Navy
Reserve for unsatisfactory participation.
b. That his record be corrected further to show he was
honorably discharged from the Navy Reserve on 16 February 2007
by reason of expiration of obligated service with a reenlistment
code of RE-1.
ec. That he be awarded membership points for the period from
31 May 2003 to 16 February 2007. ,
d. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
e, That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record,
4. 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 JONATHAN &. RUSKIN
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 Regulations, 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.
\oaeSed
W. DEAN P F
Executive eior
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