DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4133-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER , USNR, Ref: (a) 10 U.S.C. §1552 (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that his naval record be changed as follows: Reentry code from “RE-4” to “RE-3” or “RE-1,” and separation code from “Unsatisfactory Performance” to “Good of the Service.” Enclosure (1) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 15 March 2021, 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 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. Although Petitioner’s application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 13 September 1995. On 21 June 1999, Petitioner was released from active duty and transferred to the Naval Reserves to attend school. d. On 19 November 2002, Petitioner acknowledged the requirements for satisfactory participation for Naval Reservists that included attendance schedule for Inactive Duty Trainings (IDT) and requirements to keep the Commanding Officer (CO) informed of his current address and other factors which could jeopardize mobilization potential. e. On 9 January 2003, Petitioner signed an agreement to extend enlistment until 12 September 2004, in the Naval Reserves. The agreement indicated the Petitioner would be in an inactive status. On 18 January 2003, Petitioner’s unit was mobilized in support of Noble Eagle/Enduring Freedom until 14 July 2003. On 14 July 2003, Petitioner was released from active duty and transferred back to the Naval Reserves. On this date, Petitioner acknowledged his mailing address upon signing his DD 214. f. From December 2003 to February 2004, Petitioner accumulated twelve (12) unexcused absences from regular scheduled drills. On 10 March 2004, Petitioner’s command drafted notice of administrative discharge action by reason of unsatisfactory participation in the Ready Reserves. As a reservist not on active duty, the Petitioner was provided a reasonable opportunity to exercise his procedural rights. After failing to respond to the notice via certified mail sent to his designated mailing address in a timely manner, this constituted a waiver of all his rights and administrative processing continued in his absence. g. On 15 June 2004, Petitioner signed an agreement to extend enlistment until 7 June 2006 in the naval reserves. The agreement indicated the Petitioner would be in an inactive status. h. On 1 September 2004, Petitioner’s CO forwarded his case to the separation authority stating, in part, that he had accumulated the maximum number of unauthorized absences, and that Petitioner was locally discharged on 23 April 2004, for unsatisfactory participation in the Ready Reserves with a general characterization of service. i. On 1 September 2004, the CO also notified the Petitioner of his administrative discharge with an effective date of 23 April 2004. j. Petitioner contends that when he was discharged, he was told he would be transferred to the Inactive Ready Reserves, but he was placed in the regular Reserves instead. He states he had no idea that he was in the regular Reserves and that he had to report to his Reserve duty station. Further, he states he did not live at the last address on file and never received any information about his transfer into the regular Reserves. The Petitioner contends he gave the military everything and would not have thrown it all away. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action. The Board reviewed the application under the guidance provided in reference (b). In reaching its conclusion, the Board initially noted multiple administrative discrepancies by the command, particularly, the lack of orders indicating the correct Reserve status of the Petitioner, the confusion surrounding the date the Petitioner signed his second extended enlistment agreement and the effective date of discharge, and the details surrounding the Petitioner’s administrative discharge processing. Therefore, after careful and conscientious consideration of the entire record, including his minor disciplinary infractions, based on Petitioner's overall record of military service and the lack of communication from the Reserve command in properly notifying the Petitioner of his reserve status, the record should reflect a reentry code of “RE-1” and a separation code of “JFF.” In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD 214) indicating a reentry code of “RE-1” and a separation code of “JFF”. No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that 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. 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. 3/19/2021 3