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Decision Text

NAVY | BCNR | CY2001 | 08632-01
Original file (08632-01.pdf) Auto-classification: Approved
DEPARTMENT OF  THE  N A V Y  

B O A R D   F O R   C O R R E C T I O N   OF  N A V A L   R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   DC  2 0 3 7 0 - 5 1 0 0  

LCC: tk!j 
Docket  No:  8632-01 
7  May  2002 

Secretary of  tlie  Navy 

From:  Cliairman,  Board  for  ('orrection  of' Naval  Records 
To: 
Subj:  q 

REVIEW  OF NAVAI,  RECORD 

(a)  Title  10 U.S.C.  1552 

Encl: 

( 1 )   DD  Form  149 w/attacliments 
(2)  CMC  memc~rantl~~ni 1500 ('MT  of  I9  March  2002 
(3)  Sthject's naval  record 

1.  Pursuant  to  the  provisions  of reference (a), Subject  hereinafter  referred  to  as  Petitioner, 
tiled  enclosure (1 )  with  this  Board  rey testing,  in  effect,  tliat  tlie  applicable naval  record  be 
corrected  to  show  tliat  Petitioner  received  credit  toward  his  Pay  Entry  Base  Date  (PEBD) for 
time  spend  in  the  Florida  Army  National  Guard. 

2.  Tlie  Board,  consisting  of  Messrs.  Beckett,  D u n n ,   antl  I'feift'er-.  reviewed  Petitioner's 
allegations  of error arid  i~i.iustice on  7  May  2002  and,  pursirant  to  its  regulations,  determined 
that  the  corrective action  indicated  below  slio~~ld be  taken  on  the  available evitlence of  record. 
Documentary  material  considered  by  tlie  Roartl  consisted  of  the enclosl~res, naval  records, and 
applicable statutes,  regulations  and  policies. 

3.  Tlie  Board,  having  reviewed  all  the  hcts of  record  pertaining  to  Petitioner's allegations 
of  error and  injustice,  tinds  as  follows: 

a.  Before applying  to  this  Board,  Petitioner  exhausted  all  administrative  renietlies 

available  under  existing  law  antl  regulations within  the  1)epartnient of  tlie  Navy. 

b. 

I11  correspondence attached  as enclosure  (2), tlie  office  having  cognizance  over  tlie 

subject  niatter  addressed  i n   Petitioner's  application  has  comniented  to  tlie effect  that  tlie 
request  has  merit  and  warrants  Favorable action. 

CONCLUSION 

Upon  review  and  consideration  of  all  the evidence of  record,  and  especially  in  light  of  the 
contents of  enclosure (2), tlie  Hoard  finds  tlie  existence of  an  i~i.justice warranting  the 
following  corrective action. 

Docket  No:  8632-01 

RECOMMENDATION: 

That  Petitioner's naval  record  be  corrwtetl.  whete  appropriate,  to  show  that: 

a.  The  Unit  Diary  Entry  OW90022 1  which  took  away  credit  for  time  sl~clitl in  the 

Florida  Army  National  Girard  is  null  atid  void. 

b.  Petitioner's PEBI)  was  established  as  1 1  Julie  1974 and  he  was entitled  to  all  pay 
and  allowances  for  his  period  of  active duty  during  the  period  22  January  1990 through 
29  February  1992.  Petitioner  will  also be  entitled  to  an  acljitstn~ent in  payment  of  Selective 
Reenlistment  Bonus. 

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  I'rocedirres  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 

GL. L- 
G.  L.  A D A M S  
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  Fecleral  Regulations,  Section 
723.6(e))  and  having  assured  compliance  with  its  provisions,  i t   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. 

7  May  2002 



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