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NAVY | BCNR | CY2005 | 07320-05
Original file (07320-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100
                                                      MEH
                                                                                           Docket No. 7320-05
                                                                                          20 September 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)      DD Form 4/3 Jan 2001, dated 10 Jan 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 to show he enlisted for a 4 year term, with a concurrent 24 month extension, vice a 6 year term.
2.       The Board, consisting of Messrs. Brezna, Dawson, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 20 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), Petitioner submitted documentation showing 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. 7320-05
 RECONNENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The DD Form 4/3, Jan 2001, executed on or about 10 January 2005 is for a term of 4 years, vice 6 years. This will establish petitioner’s EAOS as 9 January 2009. The 24 month NAVPERS 1070/621 extension agreement he executed to comply with the requirements of the Nuclear Field program establishes his SEAOS as 9 January 2011.
b.       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 7 23.6(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        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 72 3.6(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.


20 September 2005


                                                               W. DEAN PFEIFFER
 Executive Director

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