Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 11187-10
Original file (11187-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

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

 

TAL
Docket No: 11187-10
31 January 2011

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

 

 

Ref: (a) 10 U.8.€. i552

Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
(4) CNPC ltr PERS-913 dtd 13 Dec 10

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, filed enclosure (1)
with this Board requesting to be reinstated effective in May 2009
and to be paid for drills he performed at the Navy Operational
Support Center (NOSC) Kitsap, Bremerton, Washington.

2. The Board, consisting of Mses. Guill, Henkel and Siler,
reviewed Petitioner's allegations of error and injustice on 5
January 2011 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, 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 available under existing law and
regulations within the Department of the Navy.

b. Petitioner enlisted in the Navy Reserve and was advanced
to paygrade E-4.

c. He informed his chain of command at NOSC Charlotte, North
Carolina, that he was transferring to NOSC Kitsap, Bremerton,
Washington, in May 2009. According to Reserve Personnel
Administrative Division (PERS-913) records, he was
administratively separated from NOSC Charlotte on 22 July 2009,
due to Unsatisfactory Participation in the Navy Reserve. NOSC
Kitsap officials confirmed that he has been a satisfactory
driller despite not being properly joined and paid since
transferring commands in May 2009.
d. As indicated in enclosure (4), PERS-913 states that
communication errors led to Petitioner’s separation and advises
that his request warrants relief. The administrative errors
resulted in the lack of a properly executed transfer and an
erroneous administrative separation.

CONCLUSION :

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this correction, the Board substantially concurs with
the recommendation made by PERS-913 in enclosure (4). f

e

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

RECOMMENDATION:

a. That Petitioner’s record be corrected to show that he was
not discharged from the Navy Reserve on 22 July 2009, and that he
be re-instated with entitlement to pay for the drills he
satisfactorily completed since his erroneous separation.

b. That any material inconsistent with or relating to the
Board’s recommendation regarding the erroneous separation be
removed from Petitioner’s record. Further, that any material
directed to be removed from Petitioner’s record be returned to

the Board for filing together with a copy of this Report of
Proceedings.

c. 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(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 J.¥% 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.

       
  

W. DEAN PFE
Executive D

Similar Decisions

  • NAVY | BCNR | CY2010 | 03652-10

    Original file (03652-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting recharacterization oO change of his narrative reason for separation and reenlistment code, and removal of all derogatory material from his record. On record reflects satisfactory parti med to be his failure to 16 July 2002, after what was presu continue participating in drills, an attempt was made, via mail, to notify him of pending...

  • NAVY | BCNR | CY2009 | 11293-09

    Original file (11293-09.pdf) Auto-classification: Approved

    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 show that he was voluntarily transferred to the Fleet Reserve after completing more than 20 years of active service. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 1 March 2010 and, pursuant to its regulations,...

  • NAVY | DRB | 2013_Navy | ND1301889

    Original file (ND1301889.rtf) Auto-classification: Denied

    On 28 March 2012, Commander, Navy Personnel Command (PERS 913) directed NOSC Houston to discharge the Applicant with a General (Under Honorable Conditions) characterization of service for Unsatisfactory Participation in the Ready Reserve with a Reenlistment Code of RE-4 (Not Recommended for Reenlistment) and a Separation Code of JHJ (No Board Entitlement). Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries,...

  • NAVY | BCNR | CY1998 | 01725-98

    Original file (01725-98.pdf) Auto-classification: Approved

    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 by giving him retirement point credit for his Naval Reserve participation during the period 10 August 1959 to 12 March 1962. The Board, consisting of Ms. Davies and Messrs. McCulloch and Molzahn, reviewed Petitioner's allegations of error and injustice on 5 August 1999, and pursuant to...

  • NAVY | BCNR | CY2007 | 09307-07

    Original file (09307-07.pdf) Auto-classification: Approved

    The Board, consisting of Ms. iii and Messrs 3 re and " : peee reviewed Petitioner's allegations of error and injustice on 7 August 2008 and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. A copy of enclosure (2) was sent to Petitioner on 13 March 2008 for her review and comment. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the contents of...

  • NAVY | BCNR | CY2010 | 01428-10

    Original file (01428-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed enclosure (1) with this Board requesting that her record be corrected to reflect recharacterization of her other than honorable discharge of 2 May 1989, 2. The Board, consisting of Messrs. Bourgeois, Butherus, and Sproul, reviewed Petitioner's allegations of error and injustice on 11 January 2011 and, pursuant to its regulations, determined that the corrective action indicated below should be...

  • NAVY | BCNR | CY2008 | 11966-08

    Original file (11966-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 11966-08 19 March 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: REVIEW OF NAVAL RECORD 0; ioe Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy Reserve, filed an application with this Board requesting that his record be corrected to show that he was not discharged on 23 May...

  • NAVY | BCNR | CY2009 | 03776-09

    Original file (03776-09.pdf) Auto-classification: Approved

    Accordingly... we correctly transferred [him] to the Retired Reserve effective 1 January 2009 and notified him of such action... ...NOSC [Navy Operational Support Center], Atlanta evidently advised that he was not on their mandatory retirement list and than he was not required to retire. 8301, requires that the effective date of any retirement be the first day of the month. The Board further concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all...

  • NAVY | BCNR | CY1998 | NC9804366

    Original file (NC9804366.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAW ANNEX WASHINGTON DC 20370-5100 LCC: tj Docket No: 4366-98 15 July 1999 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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 show Petitioner was assigned to Patrol Squadron 62 in a drill pay status when...

  • NAVY | BCNR | CY2010 | 02859-10

    Original file (02859-10.pdf) Auto-classification: Approved

    f. In February 2010, Petitioner submitted this request to the Board for Corrections of Naval Records (BCNR) requesting to validate his February 2008 Navy-wide Reserve advancement exam and advancement to E-5/MA2, enclosure (1). * NPC stated that advancement in the MA rating required completion of MA “A” school and that Petitioner did not receive the “A” school waiver until 18 March 2009, after the February 2008 and February 2009 advancement examination cycles. Accordingly, the Board...