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NAVY | BCNR | CY2006 | 01309-06
Original file (01309-06.rtf) Auto-classification: Approved

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

                  MEH
                                                                Docket No. 1309-06
                                                               9 May 2006


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

Subj:    REV EW OF NAVAL RECORD ICO


Ref:              (a) Title 10 U.S.C. 1552
End:              (1) DD Form 149 w/attachrnents
 (2)      NPC memo 1160 Ser 4811/256 of 14 Apr 2006
(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 “A” Selective Reenlistment Bonus (SRB) for the IS(3912) rating/NEC.
2.       The Board, consisting of Messrs. Dunn, Hicks, and Pfeiffer, reviewed Petitioner’s allegations of error and injustice on 9 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.
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. 1309-06




RECO MMENDATION:

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

 a.       The 35 month NAVPERS 1070/621 extension agreement, operative on or about 26 December 2005, is null and void.

b.       He was discharged and reenlisted on 29/30 September 2005 (completion of NEC 3912 training), vice on or about 2 1/22 December 2005. The term remains 5 years.

c.       The above changes will entitle petitioner to 60 months of zone “A” SRB with an award level of 3.0 for the IS/3912 rating/NEC.
d.       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.



 9 May 2006



                                    W. DEAN PFEIFFER
                                    Executive Director









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