From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  
            
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 
  
1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting adjustment of his date of separation to September 1976 and correction of his reason for discharge to reflect that he received a medical discharge.   
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 23 October 2019, 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 his naval service 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 the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 
 
    c.  The Petitioner enlisted in the Navy and began a period of active duty on 11 October 1975.  On 15 April 1976, a physical evaluation board (PEB) determined the Petitioner was unfit for further naval service by reason of flexible pes planus, bilateral, which existed prior to his enlistment, and which was not aggravated by service.  On 26 April 1976, the Petitioner was honorably discharged. 
 
     d.  The Petitioner was issued a Record of Discharge, Release from Active Duty (NAVPERS 1070) which appropriately reflect a date of separation of 26 April 1976.  Due to an administrative error portions of his NAVPERS 1070 were filled out erroneously. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.  The Board notes the Petitioner’s NAVPERS 1070 reason for separation and reenlistment code were filled out erroneously.  As such, it may cause the Petitioner undue hardship when using the document for official reasons. 
 
The Board notes the Petitioner’s NAVPERS 1070 appropriately lists Petitioner’s date of discharge, and therefore Petitioner’s request for adjustment to date of separation is not warranted. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) listing the appropriate reason for separation as Physical Disability w/o severance pay, and RE-3P reenlistment code. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 3 October 2018. 
 
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.