DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4540-20 
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. § 1552 
      (b) BUPERINST 1900.8 series 
Encl: (1) DD Form 149 w/attachments 
      (2) Subject’s naval record 

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish Petitioner’s DD Form 214 for first active duty period from 22 March 1988 through 19 February 1992. 

2. The Board, consisting of , reviewed Petitioner’s           allegations of error and injustice on 4 February 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 the enclosures, relevant portions of Petitioner’s naval record, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings:


     a.  On 9 March 1988 Petitioner enlist in Naval Reserve Delayed Entry Program (DEP) in the pay grade E1 for 8 years in which 4 years will be in Regular component of the Navy.

     b. On 22 March 1988 Petitioner enters active duty and agrees to extend current enlistment for 24 months. 

     c.  On 20 February 1992 Petitioner reenlist for 6 years effective this date.  Active duty period served on previous enlistment 22 March 1998 through 19 February 1992 for 3 years, 10 months, and 28 days.  No DD Form 214 for this period of active duty is located in Petitioner’s Official Military Personnel File (OMPF). 

     d. On 24 July 1996 Petitioner released from active duty and transferred to the Temporary Disability Retired List (TDRL). Petitioner issued DD Form 214 for second enlistment period only. Previous active duty period annotated under item 12d (Prior Active Service) 3 years, 10
months, and 28 days.

CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded Petitioner executed two periods of active duty periods and that the information given on Petitioner’s DD Form 214 effective 24 July 1996 indicates a presumption of DD Form 214 issuance effective 19 February 1992 and relief is warranted.

RECOMMENDATION
That Petitioner’s naval record be corrected, where appropriate, to show that:
Petitioner be issued a Certificate of Release or Discharge from Active Duty (DD Form 214) from
22 March 1988 through 19 February 1992.

Note: On 19 February 1992 Petitioner separated for immediate Reenlistment and issued DD
Form 214 for period of 22 March 1988 through 19 February 1992.  A copy of this Report of Proceedings will be filed in Petitioner’s naval record.

4. 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.

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.