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NAVY | BCNR | CY2006 | 09366-06
Original file (09366-06.rtf) Auto-classification: Approved

         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
          2NAVYANNEX
         WASHINGTON DC 20370-5100



 DJC
 Docket No. 9366-06
14 March 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 7220 N130C4/07U0126 dtd 28 Feb 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 modify a reenlistment and show entitlement to the payment of Lump Sum Leave (LSL).
2.       The Board, consisting of Mr. Pfeiffer, Ms. Gilbert, and Ms. Wilcher, reviewed Petitioner’s allegations of error and injustice on 13 March 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 enclosure~, 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.
CONCLUS ION
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. 9366-06
RECOMMENDATION:

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

 a.       The 2 year reenlistment executed on or about 16 September 2005 is null and void.
b.       The petitioner executed a 2 year reenlistment agreement, operative on or about 17 September 2005, and elected to sell a total of 40 days of Lump Sum Leave (LSL) at the E7 rate (Note: Adjust the member’s LSL account to reflect E7, vice E6).
c.       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, I
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 March 2007















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