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NAVY | BCNR | CY2005 | 03633-05
Original file (03633-05.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. 03633-05
         22 September 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 dtd 27 Apr 2005 w/attach m ents
 (2)      CNRC ltr dtd 3 Aug 05
(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 service record page 13 (“Administrative Remarks”) reflecting two entries dated 21 June 1996; the Commanding Officer,. Navy Recruiting District, Minneapolis letter 1130 dated 3 June 1997, Subject: Notification of Administrative Separation Processing; and the Statement of Rights/Waiver of Rights concerning Petitioner’s administrative separation by reason of refusal to obligate. Copies of these documents are in enclosure (1) at Petitioner’s enclosures (1), (2) and (3), respectively.
2.       The Board, consisting of Messrs. Grover, Koman and Zsalman, reviewed Petitioner’s allegations of error and injustice on 9 September 2005, 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 Commander, Navy Recruiting 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 error and injustice warranting the following corrective action.
RECONMENDATION:
a.       That Petitioner’s naval record be corrected by removing the following:
(1)      Service record page 13 (“Administrative Remarks”) reflecting two entries dated 21 June 1996,
(2)      Commanding Officer, Navy Recruiting District, Minneapolis letter 1130 dated 3 June 1997, Subject:
 Notification of Administrative Separation Processing and
(3)      Statement of Rights/Waiver of Rights concerning
 Petitioner’s administrative separation by reason of refusal
to obligate.
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. 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





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 Di rector





















DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
                  5722 INTEGRITY DR.      
                  MILLINGTON, TENNESSEE 38054-5057
                                                                        IN REPLY REFER TO:
          Ser N32/ 1133
                                                                                                    03 AUG 200 5
From:    Commander, Navy Recruiting Command
To:      Executive Director, Board for Correction of Naval Records
Subj:    BCNR ~ . .
Ref:     (a) COMNAVCRUITCOMINST l130.8F
End:     (1) BCNR Docket Nr. 03633-05
1.       Recommend approval of enclosure (1) . SNM did not reenlist for active duty as annotated on NAVPERS 1070/613 form. Recommend purging of documents from current service record.
2.       This is an advisory memorandum for use by the Board for Correction of Naval Records only. Enclosure (1) is returned.

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