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NAVY | BCNR | CY2011 | 00909-11
Original file (00909-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

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

 

SUN
Docket No: 00909-11
3 March 2011

From: Chairman, Board for Correction of Naval Records

To's Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD hn a,

Ret : (a) 10 U.8.€. 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, an
active duty enlisted member of the Navy, filed enclosure (1) with
this Board requesting that his administrative discharge of

25 July 2010 by reason unsatisfactory participation in the Ready
Reserve, be removed from his Official Military Personnel File
(OMPF) .

2. The Board, consisting of Mr. Exnicios, Mr. Pfeiffer, ana

Mr. Zsalman, reviewed Petitioner's allegations of error and
injustice on 3 March 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, nava
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 and began a period of
active duty on 10 October 2007. He served until 9 June 2009 when
he was honorably released from active duty and transferred to the
Navy Reserve with a reserve obligation until 29 August 2015. On
June 26 2010, his command forwarded a letter to the separation
authority recommending that he be administratively separated
under honorable conditions due to unsatisfactory participation in
the Ready Reserve. On 28 June 2010, e separation authority
concurred and directed that he be separated. He received a
general discharge on 25 July 2010. However, a letter from the
Commanding Officer (CO), Navy Operational Support Center, San
Diego, California, to the Navy Standard Integrated Personnel
System (NSIPS) help desk stated that Petitioner was erroneously
discharged from the Navy Reserve on 25 July 2010 due to an
administrative oversight and requested that that the error be
corrected. Also, his CO stated that they were faking corrective
measures to ensure this type of administrative error does not
occur in the future.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
especially in light of the supporting letter from Petitioner's
co, the Board concludes that his request warrants favorable
action in the form of relief.

After careful and conscientious consideration of the entire
record, the Board concludes that Petitioner’s administrative
discharge by reason unsatisfactory participation in the Ready
Reserve be removed from his OMPF.

RECOMMENDATION:

 

a. That Petitioner's administrative discharge of 25 July
2010 by reason unsatisfactory participation in the Ready Reserve
and all other documentation related to it be removed from his

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 im the future.

c. That any material direct to be removed from Petitioner’s
naval record be returned to this 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. 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.

CA ition. Dr

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.

Wao

Executive D gj

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