DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 02302-11
14 March 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (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, a
former enlisted member of the Navy Reserve, filed enclosure (1)
with this Board requesting that his administrative discharge of
2 December 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, and
Mr, Zsalman, reviewed Petitioner's allegations of error and
injustice on 11 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, 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
Eollows:
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 on 5 January
1991. During his service, he was advanced to petty officer first
class (EOQl; paygrade E-6). Up until the incident at issue, he
had no disciplinary actions of record. In November 2010, his
reserve unit forwarded a letter to the separation authority
recommending that he be administratively separated under
honorable conditions due to his unsatisfactory participation in
the Ready Reserve. In 19 November 2010, the separation authority
concurred and directed that he be separated. He received a
general discharge on 3 December 2010. However, an email from the
Commander, Naval Reserve Force staff, dated 10 March 2011 states,
in part, that he was erroneously discharged from the Navy Reserve
on 3 December 2010 due to an administrative oversight. He
suffered a heart attack in March 2010, and was placed on six
months authorized absence but was later inadvertently transferred
to another unit. Unfortunately, his status was not communicated
to the new unit and subsequently he was discharged for
unsatisfactory participation. Additionally, had he not been
transferred from his unit, he would not have accumulated the
requisite number of unauthorized absences that led to his
discharge. In his application,' he states that he wants to be
placed back in h}s original Navy Reserve unit and billet.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the supporting email from the Navy Reserve
Force staff, the Board concludes that Petitioner's 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 of unsatisfactory participation in the Ready
Reserve of 3 December 2010, be removed from his OMPF.
RECOMMENDATION:
a. That Petitioner's administrative discharge of 3 December
2010 by reason unsatisfactory participation in the Ready Reserve
and all other documentation related to it be removed from his
OMPF’.
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.
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.
Booen ) Jooaga
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.
\Wdee.f
W. DEAN PFEIL
Executive Di tC
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