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NAVY | BCNR | CY2005 | 06391-05
Original file (06391-05.doc) Auto-classification: Approved

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                                    MEH
                                                     Docket No. 6391-05
                                                     18 October 2005


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

Subj: REVIEW OF NAVAL RECORD ICO


Ref:  (a) Title 10 U.S.C. 1552

End:  (1) DD Form 149 w/attachments
       (2) NPC memorandum 1160 Ser 4811/526 of 26 September 2005
       (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 cancel an
extension agreement.

2. The Board, consisting of Messrs, reviewed Petitioner’s allegations of
error and injustice on 18 October 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 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.

CONCLUS ION

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. 6391-05



RECOMMENDATION:

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

     a.     The 12 month NAVPERS 1070/621 extension agreement, operative on
or about 14 November 2005, is null and void.

     b.     This will establish Petitioner’s EAOS as 13 November 2005.

     c.     A copy of this Report of Proceedings will 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. ZSALNAN      WILLIAM J. HESS,
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.



      18 October 2005















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