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NAVY | BCNR | CY2003 | 00310-03
Original file (00310-03.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100
                                                                                                    MEH:ecb
                                                                                                   Docket No: 310-03
                                                                                                   5 August 2003

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

Ref: (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
(2)      NPC memorandum 1160 Ser 811/363 of 17 Jul 2003
(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 Mr. McPartlin, Mr. Pfeiffer, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 5 August 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: 310-03

RECOMMENDATION:

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

a.       The 28 month NAVPERS 1070/62 1 extension agreement, operative date on or about 29 May 2003, is null and void.

b.       He was discharged and reenlisted on 29/30 May 2002, vice on or about 2 1/22 November 2002. The term remains 5 years.

c.       The above changes will entitle petitioner to a zone “A” SRB, award level 2.0, for the CTO rating and advancement to petty officer second class effective 16 June 2003.

d.       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.


5 August 2003



                                                      Sincerely,


                                                      W. DEAN PFEIFFER
                                                      Executive Director

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