DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 SIN
Docket No: 01869-14
1 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD es
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, filed enclosure (1) with this
Board requesting the removal of time lost reflected in block 29
{dates o time lost during this period) “TL: 051021-05", of her
Certificate of Release or Discharge from Active Duty (DD Form
214}.
2. The Board, consisting of Mr. Zsalman, Ms. White-Olson, and
Mr. Marquez, reviewed Petitioner's allegations of error and
injustice on 30 April 2014 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 and began a period of
active duty on 19 March 2002. On 14 November 2005, she received
nonjudicial punishment (NJP) for unauthorized absence (UA) that
was less than 24 hours (0700-1300 hours, 21 October 2005). She
received restriction, extra duty, and a forfeiture of pay. She
remained on active duty until she was honorably discharged on
18 March 2010. At that time, block 12c (net active service this
period) of her Certificate of Release or Discharge from Active
duty (DD Form 214) states 8 years, 0 months and 0 days,
indicating no lost time. However, block #29 of her DD Form 214
shows "TL: 051021-05". On 2 January 2014, the Navy Personnel
Command changed her record with a Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty
(DD Form 215), stating that block #29 should read “TL: 0S0CT21 TO
050CT21”, indicating a full day of UA.
d. In her application, she states, in part, that she is
trying to buy her back military time and is having difficulty
with the processing due to the lost time shown on her DD Form 214
and 215.
CONCLUSION:
Upon review and consideration of all the evidence of record, 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 UA was less than
24 hours, and her DD Form 214 should be corrected by removing the
entry in Block 29 “TL: 051021-05". Additionally, remove the
DD Form 215 dated 2 January 2014 (Doc ID: 22466585) from her
Official Military Personal File (OMPF) that shows “TL: 050CT21 TO
oSOcT21", indicating she was UA for 24 hours.
RECOMMENDATION:
a. That Petitioner's DD Form 214 be corrected by removing
the entry “TL: 051021-05" from block 29 of her DD Form 214. It
is also directed that she be issued a new DD Form 214.
Additionally, remove DD Form 215 dated 2 January 2014 (Doc ID:
22466585) from her OMPF stating she was UA for 24 hours.
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
as 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 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.
RRO, at
ROBERT D. ZSALMAN
Acting Executive Director
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