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NAVY | BCNR | CY2002 | 07038-02
Original file (07038-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100        
                  MEH:ddj
                  Docket No: 7038-02
                  4 February 2003


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

Subj:
         REVIEW OF NAVAL RECORD   -
Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
(2)      NPC memorandum 1160 5cr 811/428 of 9 October 2002
(3)      Subject’s naval record

1.       Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show he reenlisted and was advanced under the provisions of the Selective Training and Reenlistment (STAR) program.

2.       The Board, consisting of Messrs. Beckett, Brezna, and Pfeiffer, reviewed Petitioner’s allegations of error and injustice on 4 February 2003 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.       In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the 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), the Board finds the existence of an injustice warranting the following corrective action.


Docket No: 7038-02

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

a.       The reenlistment executed on or about 9 October 2002 is null and void.

b.       He was discharged on 9 April 2002 and reenlisted on 10 April 2002, under the provisions of the STAR program. The term is 6 years.

c.       He was automatically advanced to paygrade ES effective 10 April 2002.

d.       The above changes entitle petitioner to a zone “A” SRB, award level 6.5, for NEC 3354.

e.       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        G. L. ADAMS
Recorder         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.


4 February 2003



                                                      W. DEAN PFEIFFER
                                                      Executive Director

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