DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 02056-
04
15 March 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
End: (1) DD Form 149 w/attachxaents
(2) Series of Documents
(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 void a reenlistment and retroactively apply the March 2004
advancement examination results to the September 2003 examination
cycle.
2. The Board, consisting of Messrs. Dunne, Pfeiffer, and
Washington, reviewed Petitioner’s allegations of error and injustice on
9 November 2004 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
Docket No: 02056-04
portion of his request regarding the advancement examination 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.
RECONMENDAT ION:
That Petitioner’s naval record be partially corrected, where appropriate,
to show that:
a. He was advanced to Petty Officer Second Class under the
provisions of the STAR program. The effective date is 16 February 2004,
vice on or about 16 July 2004.
b. The request to void the reenlistment executed on 1 September
2003 was denied as Petitioner received the benefits of the STAR program, as
annotated in MILPERSMAN 116-100.
c. A copy of this Report of Proceedings be filed in Petitioner’s
naval record.
4. After the Board met, Petitioner was verbally advised of the results and
he verbally requested that this report of the proceedings be held in
abeyance while he reconsidered his request and consulted with counsel. On
29 Nov 05, Petitioner advised of his intent to have his counsel send a
letter to the Board seeking modified relief. He asked that this report of
the proceedings be continued in abeyance until his letter was received. By
January 2005, no letter was received. Phone calls and messages to
Petitioner went unreturned in January, February and March 2005. Therefore,
the results are now published.
5. 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 WILLIAM J. HESS III
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.
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