DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 04012-11
14 April 2011
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy ‘
Subj: REVIEW OF NAVAL RECORD OF ihe
Ref: (a) 20 UsSwC., Dase2
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 discharge of 8 February 2011
due to completion of required service, be removed from his
Official Military Personnel File (OMPF) .
2. The Board, consisting of Mr. Pfeiffer, Mr. Exnicios, and
Mr. Hess, reviewed Petitioner's allegations of error and
injustice on 13 April 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 on 10 February
1998. During his service, he was advanced to chief petty officer
(HMC; paygrade E-7). He had no disciplinary actions of record
and was honorably discharged on 8 February 2011. However, an
e-mail dated 11 April 2011 from Commander, Navy Reserve Forces
(N1C2) states, in part, that some administrative errors had
occurred that led to Petitioner not reenlisting in a timely
manner, and that he was subsequently discharged at the completion
of his required service. N1C2 recommends the his request to
rescind his discharge of 8 February 2011 be granted, that he be
allowed to reenlist for two years, and that he be placed back
into his reserve unit/billet. In his application, he states that
he signed an agreement to extend his enlistment for one month to
8 March 2011. However, the extension was not valid per Navy
policy, therefore the extension was not made operative. He
further states that he was not made aware that the extension was
not valid until after his original 8 February 2011 expiration
date, at which time he was already discharged.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the supporting e-mail from the Navy
Reserve Forces 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 discharge from the
Ready Reserve of 8 March 2011, be removed from his OMPF and that
he be allowed to reenlist in the Navy Ready Reserve.
RECOMMENDATION:
a. That Petitioner's discharge of 8 February 2011 from the
Ready Reserve and all other documentation related to it be
removed from his OMPF, and that he be allowed to serve in his
last unit/billet.
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.
ROBERT D. ZSALMAN BRIAN \ 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.
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