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
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