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NAVY | BCNR | CY2006 | 03915-06
Original file (03915-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
                                                                                          Docket No. 3915-06
                                                                                          28Nov06
From:    Chairman, Board for Correction of Naval Records
          TO:      Secretary of the Navy    -
Subj:
         
         Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
 (2)      DEP enlistment document of 11 Mar 99
(3)      Active Duty Enlistment document of 17 May 99
(4)      DD Form 1966, Record of Military Processing
(5)      NPC ltr 1000 PERS-312Dl/21, 14 3.un 06
(6)      Subject’s microfiche record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, the applicable naval record be corrected to show Petitioner’s Home of Record (HOR) was shown on his enlistment documents as Knoxville, TN.
2.       The Board, consisting of Messrs. Frankfurt, Geisler, and Leeman, reviewed Petitioner’s allegations of error and injustice on 24 October 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.       Prior to filing enclosure (1) with this Board, Petitioner exhausted all administrative remedies afforded under existing law and regulations within the Department of the Navy.
b.       Petitioner enlisted in the Delayed Enlistment Program (DEP) on 11 M ar 1 9 99 while he was in Kent, WA. His HOR was listed as which was where he was living on the date he enlisted in DEP. Enclosure
        







Docket No. 3915-06
c.       Petitioner then moved to Knoxville, TN and finished his processing for enlisting in the US Navy for active duty. He enlisted for active duty at the US Recruiting District, Nashville, TN 37228-0000 on 17 May 1999. Enclosure (3)
d.       On the date individuals are enlisted for active duty they are given the opportunity to update the information that was given on the date they enlisted into the DEP. The date Petitioner entered active duty he changed his HOR from Kent, WA to Knoxville, TN.
e.       The DD Form 1966, Record of Military Processing — Armed Forces of the United States is completed by the individual. Section I - Personal Data listed Kent WA as his HOR; however, when he updated the form on 17 May 1999 he made the entry “See Sec V”. Item 4 — Home of Record reads “same as 3”. The DD Form 1966, Section V — Recertification, Item 34 is annotated as Enclosure (4).
f.       In correspondence attached as enclosure (5), the office having cognizance over the subject matter involved in Petitioner’s application recommended denial, commenting that the member’s service record does not support the fact the Knoxville, TN was the home of record at the time he reported for active duty on 17 May 1999. His record shows Kent, Washington as the home of record.
CONCLUSION:
Upon review and consideration of all the evidence of record, notwithstanding the comments contained in enclosure (5), the Board finds the existence of an injustice warranting the requested relief. In this connection, the Board found that Petitioner enlisted on 17 May 1999 for active duty in Nashville, TN. He updated his HOR by using the DD Form 1966 and made changes that should reflect his HOR as Knoxville, TN. The purpose of Section V on the DD Form 1966 is to update the record prior to entering active duty. The Petitioner did update his record; however, it was not posted to the record.
 Docket No. 3915-06
 Accordingly, the Board recommends the following corrective action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The Petitioner’s Military Personnel Record will be corrected to show that his HOR was 4007 Copper Ridge Road, Knoxville, TN 37931 on the date he entered active duty.
b.       A copy of this Report of Proceedings will be filed in 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                  WILLIAM J. HESS, III
 Recorder                                                      Acting Recorder


5. The foregoing action of the Board is submitted for your review and action.


W.       DEAN PFEIFFER
Executive Director







R eview and approved:
 Robert T. Call Assistant General Counsel
 Manpower and Reserve Affairs)

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