DEPARTMENT OF
THE NAVY
BOARD FOR CORRECTION OF NPVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
MEH: ddj
Docket No: 571-01
22 May 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) BUPERS memorandum 5420
(3) Subject’s naval record
PO612/
106- 1 of 25 April 2001
1. Pursuant to the provisions of reference (a), the legal guardian of Subject’s children,
hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect,
that the applicable naval record be corrected to show his status was changed from
Midshipman to active duty in his prior enlisted rating.
2. The Board, consisting of Mr. Frankfurt, Mr. Neuschafer, and Ms. Davies, reviewed
Petitioner’s allegations of error and injustice on 22
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.
May 2001 and, pursuant to its
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.
subject matter addressed in Petitioner’s application
request has merit and warrants favorable action.
In correspondence attached as enclosure
(2),
,the office having cognizance over the
has commented to the effect that the
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
Docket No:
571-01
RECOMMENDATION:
That Subject’s naval record be corrected, where appropriate, to show that:
a. On 3 December 1998 he resigned from the Naval Academy and was restored to
active duty in his prior enlisted status. He enlisted in the Navy on 12 November 1996 and
would be restored to this contract
b. The above change will allow dependent
dependent children.
benef.ts (health care, exchange, etc.) for his
C. That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that 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.
ROBERT D. ZSALMAN
Recorder
G. L. ADAMS
Acting Recorder
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.
22 May 2001
Fb’L W. DEAN PFEIFFER
Executive Director
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