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NAVY | BCNR | CY2002 | 07732-02
Original file (07732-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
                                                                                          Docket No: 07732-02
                                                                                          24 March 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 dtd 19 Aug 02 w/attachments
(2)      PERS-832B memo dtd 18 Nov 02
(3)      PERS-313D1 memo dtd 7 Jan 03
(4)      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 by removing the service record page 6 (P601-6R) dated 9 July 1984, submitted by the Naval Recruit Training Command (NAVCRUITRACOM), Great Lakes, Illinois. A copy of the contested page 6 is at Tab A.

2.       The Board, consisting of Messrs. Geisler, Pfeiffer and Zsalman, reviewed Petitioner’s allegations of error and injustice on 20 March 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.       The contested page 6 reflects an unauthorized absence from 4 to 5 July 1984.

c.       In correspondence attached as enclosure (2), the Navy Personnel Command (NPC) office having cognizance over enlisted performance has commented to the effect that Petitioner’s request has merit and warrants favorable action, as his record shows no documentation regarding punitive action or other disposition, and his record is otherwise excellent.


d.       In correspondence attached as enclosure (3), the NPC office having cognizance over quality control has commented to the effect that Petitioner’s record could not be administratively corrected, because his DD Form 214 (certificate of release or discharge from active duty) shows he was charged one day of lost time for 4 to 5 July 1984, and it further shows this lost time was adjusted into his EAOS (expiration of active obligated service).

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected by removing therefrom the service record page 6 (P601-6R) dated 9 July 1984, submitted by NAVCRUITRACOM, Great Lakes, Illinois.

b.       That 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. -
c.       That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of 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 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.


ROBERT D. ZSALMAN        JONATHAN S. RUSKIN
Recorder         Acting Recorder









2




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.
                                                     

                                                                        W. DEAN PFEIFFER
                                                                        Executive Director





































3
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                    MILLINGTON TN 3305 5-0000
 5420
PERS-832B
18 Nov 02
MEMOPANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via:     PERS/BCNR Coordinator (PERS-OOZCB)
Subj:

 End:     (1) BCNR File 07732-02
          (2) Petitioner’s Microfiche Record

 1.       The petition and naval records of subject petitioner have been reviewed relative to his request for removal of derogatory material.

2.       The review reveals that the record reflects 2 periods of unauthorized absence while in recruit training. However, there is no documentation regarding NJP, punishment or other disposition. In view of petitioner’s otherwise excellent record, I am of the opinion that the documents should be removed. Therefore, favorable action on this petition is recommended.
Technical Advisor to the
Head, Enlisted Performance
Branch (PERS-832)


















DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000


 5420
PERS 3l3Dl/344
7 January 2003

MEMORANDUM FOR ASSISTANT FOR BCNR MATTERS (PERSOOZCB)

Subj: CORRECTION TO THE PERMANENT RECORD


 Ref:     (a) PERS-OOZ Ltr of 22 November 2002
End:     (1) BCNR Docket No. 7732-02
1.       A review of Petty Office XXXX record indicates a DD 214 accounting for Time Lost of 1 day for the period of July 4, 1984 to July 5, 1984. The DD 214 further shows that this lost time was adjusted into the member’s EAOS, based on Record of Service, blocks 12a: April 10, 1984 and 12b: April 10, 1988.
2.       Based on the above record findings an Administrative Correction of the member’s record can be accomplished.
         

         Head Quality Control Unit

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