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

Docket No. 7080-20  
Ref:  Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO LS3 , USNR, 
Ref: (a) Title 10 U.S.C. § 1552 
(b) COMNAVRESFORINST 3060.7D 
(c) RESPERSMAN 6000-010 
(d) MILPERSMAN 1160-120 

Encl: (1) DD Form 149 w/attachments 
(2) CNRFC ltr 5420 Ser N1/756 of 20 Nov 20 
(3) 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 be reinstated into the Selected Reserves (SELRES) and awarded pay and points commensurate with his satisfactory performance from 1 February 2020 to present. 

2. The Board, consisting of Ms. , Mr.  and Ms. reviewed Petitioner’s allegations of error and injustice on 25 May 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. In accordance with reference (b), Reserve personnel that fail to disclose pre-existing medical conditions, which preclude them from mobilization shall immediately be transferred to Standby Reserve-Inactive (S-2) status or be processed for administrative separation.  However, reference (c), provides guidance on initiating Medical Retention Review (MRR) package for Reservist that develop or have a chronic medical condition that will prevent the member from safely or effectively fulfilling responsibilities of their rank/rating or interfere with mobilization.

b. Petitioner’s Pay Entry Base Date is 24 May 1998; high year tenure (HYT) for E-4 is 12­years length of service in accordance with reference (d). 

c. Petitioner assigned to a Voluntary Training Unit (VTU) from 25 February 2011 through 4 December 2018. After completion of mobilization, Petitioner was assigned to a SELRES unit effective 1 December 2018. 

d. Petitioner reenlisted on 11 July 2015 for a term of 6-years.

e. In June 2018, Petitioner was diagnosed with Hyperthyroidism. 

f. On 22 July 2019, Petitioner was identified for mobilization; he was contacted on 29 July 2019. 

g. In August 2019, Petitioner notified command of his medical diagnosis. 

h. On 18 December 2019, Petitioner’s received a medical deferment from mobilization; orders cancelled.

i. On 1 February 2020, Petitioner was transferred to the Individual Ready Reserve (IRR); last drills completed was on 12 January 2020 (2 inactive duty training periods).

j. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has no merit and warrants no favorable action. 

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 concurred with the advisory opinion; however, concluded alternative relief is justified.  The Board determined an MRR package should be submitted for Petitioner in accordance with reference (c), due to continued participation for approximately 4­months subsequent to notifying command of medical diagnosis and completing 19 total years qualifying service.  Therefore, under these circumstances, partial relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s transfer to the IRR effective 1 February 2020 is rescinded. 
 
Commander, Navy Reserve Forces Command is directed to ensure an MRR package is submitted in accordance with reference (c) within 60 days from the date of this BCNR decision letter. 

Petitioner submitted request to extend reenlistment for 6-months to cognizant authority; it was approved.  Note: New expiration of obligated service is 10 January 2022. 
 
The part of Petitioner’s request for corrective action that exceeds the foregoing is denied.  The Board found Petitioner failed to notify his command of his medical diagnosis in a timely manner; therefore, agreed to an alternative relief.  Additionally, there is no evidence of Petitioner executing drills after 12 January 2020; consequently, pay and points are not warranted. 

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. 

6/30/2021

Deputy Director