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

Docket No: 5461-21 
Ref: Signature Date 

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

Subj: REVIEW NAVAL RECORD OF FORMER , USNR,  
Ref: (a) 10 U.S.C. 1552 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record (NAVPERS 1070/613) 

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 his correct Reason for Discharge. Enclosures (1) through (3) apply. 

2. The Board, reviewed Petitioner's allegations of error and injustice on 15 September 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, 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 

c. Petitioner enlisted in the Navy Reserve on 16 April 2004. On 23 December 2005, he was discharged with a general under honorable conditions characterization of service by reason of unsatisfactory participation. 

d. At the time of his discharge, he was issued a NAVPERS 1070/613 dated 23 December 2005 which incorrectly reflects his Reason for Discharge as Misconduct (Drug Abuse). 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. The Board notes that a review of Petitioner’s record contained documentation, which reflect his correct Reason for Discharge as Unsatisfactory Participation to support his request, and as such, Petitioner’s record should be corrected to reflect the correct Reason for Discharge. In accordance with the foregoing, the Board concluded that the record should be corrected by the issuance of a corrected NAVPERS 1070/613 and that Petitioner should be issued the same. 

RECOMMENDATION: 

That Petitioner’s naval record be corrected to reflect his Reason for Discharge as Unsatisfactory Participation and that a corrected NAVPERS 1070/613, which reflects these corrections, be filed in his official military personnel record. 

That Petitioner be issued a corrected NAVPERS 1070/613, which reflects a corrected Reason for Discharge as Unsatisfactory Participation. 

That no further changes be made to the 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 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. 


Sincerely, 
9/27/2021