DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 07648-11
27 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of ‘the Navy
Ref: (a) 10 U.S.C, 1552
Fnel: (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, in effect, that his record be
corrected to show that he was not discharged on 5 March 1995, but
continued to serve until 5 April 1995.
2. The Board, consisting of Mr. Clemmons, Mr. Hotopp, and Ms.
Barrow, reviewed Petitioner's allegations of error and injustice
on 27 July 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 did not exhaust
all administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure {1) was not filed in a timely manner:
c. Petitioner enlisted in the Navy Reserve on 6 April 1993,
and served honorably until 5 March 1995, one month prior to the
end of his active obligated service date, as his squadron was
deploying.
d. With his application, Petitioner forwarded a copy of his
enlistment contract and military identification card, which
reflected his obligation of 30 April 1995. This correction will
allow him to qualify for a Department of Veterans Affairs home
loan.
CONCLUSION :
Upon review and consideration of ail the evidence of record, the
Board concludes that Petitioner's request warrants relief. He
was in good standing in the Navy Reserve fulfilling his total
obligation until 30 April 2000. Therefore, the Board concludes
that his record should show one month constructive service on his
Certificate of Release or Discharge from Active Duty (DD Form
214) for a total of two years vice one year, 11 months, and zero
days. In view of the above, the Board recommends the following
relief.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was not discharged on 5 March 1995, but continued to serve
until 5 April 1995 in the Navy Reserve in pay grade as an (AN)
airman, pay grade E-3. This to be accomplished by giving him 30
days of constructive service.
b. That his record show no break in service.
c. That a copy of this Report of Proceedings be filed in his
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.
Baron} Armgt
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 or
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