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NAVY | BCNR | CY2006 | 04253-06
Original file (04253-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 HD:hd
Docket No.04253-06
17 November 2006


This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. You requested, in effect, that the fitness report for 3 February to 30 September2004 be modified by removing or modifying what you consider to be “adverse entriest in blocks 37 (“mission accomplishment and initiative”), 38 (“leadership”), 40 (recommendation for next career milestone), 41 (“comments on performance”), 42 (“promotion recommendation-individual”), 43 (“promotion recommendation-summary”) and 45 (“member trait average” and “summary group average”); or that the report be changed to a “not observed IT report; or that the report be removed entirely.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on l6November2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. in addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 24 September 2006, a copy of which is attached. The Board also considered your letter dated 23 October 2006.
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to~ establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion, except the recommendation in paragraph 3. The Board noted that the e-mail at enclosure (19) to






DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100
                                                      DJC
                                                                                 Docket No. 6880-06
                                                                                 15 November 2006
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)      NPC Memo 1160 Ser 4811/596 dtd 5 Oct 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 “A” Selective Reenlistment Bonus (SRB).
2. The Board, consisting of Mr. Leeman, Ms. McCormick, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 14 November 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. 6880-06
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The reenlistment executed on or about 3 May 2002 is for a term of 6 years, vice 5 years.
b.       This change will allow the petitioner to continue receive zone “A” SRB with an award level of 3.5 for the AN rate.
c.       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        WIL LIAM J. HES S 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.


15 November 2006
                                                      W. DEAN PFEIFFER
                                                      Executive Director

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