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NAVY | BCNR | CY2006 | 04049-06
Original file (04049-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTLON OF NAVAL RECORDS

2 MAW ANNEX

WASHNOTON DC 20370-5100


MEH
Docket No. 4049-06
14 Aug 07

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

Subj; REVIEW OF NAVAL RECORD I CO
        
Ret: (a) Title 10 U.S.C. 1552

End (1) DD Form 149 w/attachments
(2)CNRC memo 1133 5cr N5312/09053 of 1 Aug 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 remove the Loan Repayment Program (LRP) from his enlistment documents.

2. The Board, consisting of Mr. Chapman, Mr. Pfeiffer, and Ms. Ballinger, reviewed Petitioner’s allegations of error and injustice on 14 August 2007 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 Petitioners 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 N o. 4049-06
RECOMMENDATION:

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

a.       Annex B, to UD Form 4 dated 21 January 2005, ~s null and void. This removes Petitioner’s entitlement to the LRP, and restores the options guaranteed in Annex A.

b.       A copy of this Report of Proceedings will be tiled in Petitioner’s naval t he record.

4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true complete record of the Board’s proceedings in the above entitled matter.


ROBERT D. ZALMAN         WIL LLIAM 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.




14 August 2007

        
                                             W. DEAN PFEIFFER
                                                      Executive Director

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