DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7134-17 FEB 28 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj : REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U .S.C. §1552 (b) MPN 1910-158 Encl: (l) DD Form 149 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor in the Naval Reserve, filed enclosure (1) with this Board, requesting that she be allowed to retire after 29 years of honorable service. Her case, which was previously denied by the Board on 14 April 2017, was reconsidered in accordance with Board for Correction of Naval Records procedures that conform to Lipsman v. Secretaty of Army 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 20 November 2018 and, pursuant to its regulations, determined 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 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 regulation within the Department of the Navy. b. Petitioner enlisted in the Navy Reserve in April 1985 and most recently reenlisted in 2010. She appears to have served without disciplinary incident throughout her 29-year career but was placed in a Medical Retention Review (MRR) status in May 2015 because her hips became dislocated and were replaced. On 29 July 2015, Petitioner's commanding officer (CO) at , notified Petitioner by certified mail of her responsibilities while in a MRR status but the letter was returned because it was not "deliverable as addressed." (The letter's mailing address was partially covered by the post office sticker, but the portion of the address that is visible matched the address the Petitioner had on file with the .) On 4 September 2015, by letter, notified Petitioner of her non-compliance with the MRR requirements, but the letter was returned because it was "unclaimed." (The address on the return envelope is not fully visible, but the visible portion matched Petitioner's reported address.) Subsequently, Petitioner was notified of pending administrative discharge action by reason of unsatisfactory participation in the Ready Reserve due to medical non-compliance. The notification letter, which was sent via certified mail, was returned because it was "unclaimed." After complying with the requirements of reference (b), Petitioner's CO recommended that she be discharged due to unsatisfactory participation in the Ready Reserve with a general (under honorable conditions) (GEN) characterization of service. On 28 January 2016, Petitioner was discharged with a GEN characterization of service and assigned a RE-4 (not recommended for reenlistment) reentry code. c. Petitioner provided copies of muster sheets reflecting her presence for drill weekends in June 2015, November 2015, December 2015, and January 2016. Despite her attendance at the drill weekends, Petitioner contends the command did not communicate with her regarding the MRR, notify her regarding the administrative discharge processing, or inform her that she was being administratively separated with 29 years of service. Petitioner contends that she did not learn of her discharge until reporting for the February 2016 drill weekend. Petitioner further contends the command communicated with her via phone and in person during the drill weekends regarding her medical issue and physical readiness status. Additionally, Petitioner contends, and provided supporting evidence, that her address on file was correct and had been verified in November 2015 when her unit underwent review during "Unit in the Spotlight." CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action. Although it was not error for , in accordance with reference (b), to separate Petitioner, the Board, noting Petitioner's supporting documentation regarding her presence at drill weekends and her availability via phone during those drills weekends as was processing her for separation, determined it was unjust for Petitioner to be separated vice allowed to retire after 29 years of honorable service. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. Petitioner's naval record be corrected to show that, on 28 January 2016, her narrative reason for separation was "Sufficient Service for Retirement," her SPD was "NBD," and her reentry code was "RE-2." Petitioner's naval record be corrected by removing enclosure (2),the Administrative Remarks (Page 13) entry dated 28 January 2016. Petitioner's naval record be corrected by removing all documentation pertaining to her administrative separation. Petitioner receive all backpay and allowances associated with the BCNR-directed retirement. Adjustment to Petitioner's military record will be reviewed by DFAS to determine if any pay entitlements are due, and will be paid to the Petitioner. 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. This includes but is not limited to all information systems/database entries that reference or discuss the material being expunged. A copy of this report ofproceedings 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director