DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 7022-06
15 November 2006
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub] : gaa
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1160 Ser 4811/609 dtd 12 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 modify a reenlistment agreement.
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. 7022-06
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The reenlistment executed on or about 18 December 2002 is for
a term of 4 years, vice 6 years.
b. The 9 month NAVPERS 1070/621 extension agreement, operative
on or about 18 December 2009, is null and void.
c. The petitioner was discharged 30 September 2006 and
reenlisted on 1 October 2006. The term is 3 years.
d. This change will entitle the member to a zone “C” SRB with an
award level of 4.5 for the HM(8425) rate/NEC. Remaining obligated
service to 17 December 2006 will be deducted from SRB computation.
Remaining obligated service beyond the 16 year active date will not be
included in the SRB calculation. The petitioner’s zone “B”
overpayment should be adjusted from the zone “C” entitlement.
e. A copy of this Report of Proceedings will be filed i
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 wh ae J. HESSY III
Recorder Acting Recorder
55 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 LoS tS
W. DEAN PFE E ‘
Executive Dixgct
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