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NAVY | BCNR | CY2006 | 00410-06
Original file (00410-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100

MEH
Docket No. 410-06
2 May 2006



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

Subj:    REV IEW OF NAVAL RECORD ICO


Ref:     (a) Title 10 U.S.C. 1552
        
         End:    (1)      DD Form 149 w/attachments
                  (2)      NPC memo 1160 Ser 4811/252 of 14 Apr 06
                  (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 establish entitlement to a zone “B” Selective Reenlistment Bonus (SRB) for the BU rating.

2.       The Board, consisting of Mr. Brezna, Mr. Neuschafer, and Ms. Countryman, reviewed Petitioner’s allegations of error and injustice on 2 May 2006 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. 410-06




RECOMMENDATION:

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

a.       The 6 year reenlistment executed on or about 12 December 2002 is null and void.

b.       He executed a 6 month NAVPERS 1070/621 Obliserve to Train (OTT) extension agreement, operative on or about 29 December 2002, to provide obligated service through BU “A” school.

c.       He was discharged on 27 June 2003 and reenlisted on 28 June 2003 (EAOS). The term is 6 years.

d.       The above changes will entitle petitioner to a zone “B” SRB with an award level of 0.5 for the BU rating.

e.       The request for entitlement to a Broken Service SRB was not addressed as it is subject to administrative correction.

f.       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. 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.



2 May 2006

                                                                        W. DEAN PFEIFFER


2

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