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NAVY | BCNR | CY2006 | 05654-06
Original file (05654-06.rtf) Auto-classification: Approved
DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



DJC
Docket No. 5654-06
         31 January 2007

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

Subj:    REVIEW OF NAVAL RECORD ICO

Ref:     (a) Title 10 U.S.C. 1552

End:     (1)      DD Form 149 w/attachments
         (2)      NPC Memo 1160 Ser 4811/004 dtd 10 Jan 07
         (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 “C” Selective Reenlistment Bonus
(SRB).

2. The Board, consisting of Mr. Geisler, Mr. George, and Mr. Wade, reviewed Petitioner’s allegations of error and injustice on 30 January 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 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. 5654-06


RECOMMENDATION:

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

a.       The 13 month NAVPERS 1070/621 extension agreement,. operative on or about 13 July 2009, is null and void.

b.       The 1 month NAVPERS 1070/621 extension agreement, operative on or about 13 August 2010, is null and void.

c.       The petitioner was discharged and reenlisted on 14/15 March 2006, vice on or about 12/13 July 2006. The term is 3 years.

d.       The petitioner executed an 18 month NAVPERS 1070/621 extension agreement, operative on or about 15 March 2009.

e.       This discharge will entitle the member to a zone “C” SRB with an award level of 4.5 for the MM (8425) rate/NEC. Remaining obligated service to 13 July 2006 will be deducted from SRB computation. Remaining obligated service beyond the 16 year active date will not be included in the SRB calculation.

f.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.

4. 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.



31 January 2007

W.       DEAN PFEIFFER
Executive Director



2

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