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NAVY | BCNR | CY2002 | 09991-02
Original file (09991-02.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: 09991-02
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 5 Nov 02 w/attachment
(2)      PERS-832B memo dtd 3 Mar 03 w/enclosures
(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 by removing the PERSUPP DET (Personnel Support Detachment) Little Creek Virginia message 0813 15Z JUL 87, Subject: Rtn (return) Absentees ICO (in case of) Petitioner and. SN (Seaman) ---, NMPC (Naval Military Personnel Command) 843, EPMAC Code TMU, NAB Code N12/PSD Code 261. A copy of this message 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.       In correspondence attached as enclosure (2), the Navy Personnel Command office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that his 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.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected by removing therefrom the PERSUPP DET Little Creek Virginia message 0813 15Z JUL 87, Subject: Rtn Absentees ICO Petitioner and SN--, NMPC 843, EPMAC Code TMU, NAB Code N12/PSD Code 261.

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. RUSKJN
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.
                                                                       

                                                                        W. DEAN PFEIFFER
                                                                        Executive Director



2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000





 5420
PERS-832B
3 Mar 03
MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via:     PERS/BCNR Coordinator (PERS-OOzCB)
Subj:    YN1

 Ref:     (a) PERSUPP DET LITTLE CREEK VA 0813152 JUL 87
End:     (1) BCNR File 09991-02
 (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 reference (a) was filed erroneously since his service record reflects no disciplinary action taken by USS IOWA and he received his Good Conduct Medal for that timeframe. Therefore, favorable action on this petition is recommended.





 Technical Advisor to the
Head, Enlisted Performance
Branch (PERS-832)

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