DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08757-11
18 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ,
Ref: (a) 10 U.S.C. 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, in effect, that his record be
corrected to show that he was not discharged on 2 Aprii 1999, but
continued to serve in the Individual Ready Reserve (IRR) until 1
April 2001.
2. The Board, consisting of Mr. Bourgeois, Mr. Dixit, and Mr.
Ivins, reviewed Petitioner's allegations of error and injustice
on 17 August 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 ail
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 27 March 1999,
and served honorably until an administrative error occurred. On
13 July 2000, the Petitioner signed a two year extension which
was never activated. On 2 April 1999, he was released from
active duty. However, on 13 July 2000, he was informed by Naval
Reserve Personnel Center that he was discharged on 2 April 1999
vice released from active duty and a correction to his
Certificate of Release or Discharge from Active Duty (DD Form
214) was issued. He should have been transferred to the IRR and
have been allowed to serve until 1 April 2001.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. He
was in good standing in the Navy Reserve and but for an
administrative error, should not have been discharged on 2 April
1999. Therefore, the Board concludes that his record should show
that he was not discharged on 2 April 1999, but was transferred
to the IRR and allowed to serve until 1 April 2001.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was not discharged on 2 April 1999, but remained in the IRR in
pay grade E-6 until his Reserve Obligated Termination date of 1
April 2001.
b. That his record be further corrected by awarding him 50
non-pay drill points for his anniversary years ending on 1 April
2000 and 1 April 2001.
c. That his record show no break in service.
d. 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.
N GEORGE
ROBERT D. ZSALMAN BRIAN
Recorder , Acting Recorder
5. Pursuant to the delegation of authority set out in Section
é(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.
WwW. DEAN DPE F
Dire
Executive
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