DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJUG
Docket No: 2546-10
17 November 2010
From: Chairman, Board for Correction of Naval Records
TS: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Thtle LO U.S... 1552
Encl: (1) DD Form 149 dtd 9 Mar 10 w/attachments
(2) Subj’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing block 26
(Separation Code) of his DD Form 214 (certificate of Release or
Discharge from Active Duty) from “KBK1" (Normal Expiration of
Service) to “MBK1” (Expiration of Term of Service). He also
impliedly requested that he be tendered a reserve commission
effective 7 April 2009.
2. The Board, consisting of oo: Messrs. SS
and , reviewed allegations o Yr and injustice on 16
Nove 2010, and pursuant to its regulations, determined that
the limited 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.
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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner entered active duty in the Regular Marine
Corps on 8 April 2005 and served until he was honorably
discharged on 6 April 2009. He had an eight year commitment,
so he should have been tendered a Marine Corps Reserve
commission effective 7 April 2009. He was correctly assigned a
Separation Code of “KBK1”.
CONCLUSION :
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error warranting the
following limited corrective action.
RECOMMENDATION:
a. That Petitioner's naval record’ be corrected by
tendering him a Marine Corps Reserve commission effective 7
April 2009.
”
b. 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.
Gx 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.
d. That no further relief be granted.
4. Pursuant to Section 6(c) of the revised Proceduges of the
Board; for Correction of Naval Recérds ‘(32 Code of Féderal
Regulations, Section 723.6(c)) 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 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.
lo
W. DEAN P
Executive Di
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