DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
CRS
Docket No: 3666-11
15 December 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER soc, USNR, Saya
: NAVAL RECORD ™
Wee REVIEW OF
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting in effect, that his naval record
be corrected to show that he was not discharged from the Navy.
Reserve on 4 November 2010.
2. The Board, consisting of Mr. Midboe, Mr. Hedrick, and Ms.
Henkel, reviewed Petitioner's allegations of error and injustice
on 23 November 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 joined the Navy Reserve on 30 January 1997
after prior active service as a SEAL. On 6 August 2010
Petitioner was notified by official correspondence that he was
delinquent on his dental exam and Physical Health Assessment. He
did not respond to this correspondence. On 4 November 2010 he
was honorably discharged by reason of unsatisfactory
participation based on his inability to meet medical
requirements.
c. Petitioner contends, in effect, that he was unjustly and
illegally discharged. He states that he was out of the country
with the knowledge and permission of his unit, and was unaware
that he was being processed for separation for not responding to
correspondence concerning physical and dental examination
requirements.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concluded that Petitioner's request warrants favorable
action. In this regard, the Board notes that Petitioner’s record
is free of any disciplinary action, he had not missed any drills
since 1997 and has completed numerous SEAL missions. The Board
believes that the initiation of separation action was premature
and further attempts to contact Petitioner should have been made.
Accordingly, the Board concludes that Petitioner should be
reinstated as of the date of discharge. ,
-RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he
was not discharged from the Navy Reserve on 4 November 2010, and
that all information pertaining to the discharge processing be
removed from his record.
b. That he be given authorized absences for the drills he missed
during the period from 4 November 2010 to the date of
implementation of this action.
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.
ff ,
LY Fh) 7
AMES R./EXNICIOS
ROBERT D. ZSALMAN
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.
W. DEAN P a
Executive Witeéctor
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