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NAVY | BCNR | CY2006 | 10873-06
Original file (10873-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 DJC
 Docket No. 10873-06
22 February 2007
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/attac hm ents
 (2)      OCNO Memo 7220 N130C4/07u0l07 dtd 9 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 show that he meets the criteria for special leave accrual.

2.       The Board, consisting of Mr. Bourgeois, Mr. Boyd, and Mr. Mann, reviewed Petitioner’s allegations of error and injustice on 21 February 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.
CONCLIUS 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. 10873-06
RECOMMENDATION:

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

 a.       At the end of FY05, no leave was lost because Petitioner was deployed in excess of 60 days. This will result in a return of 14.0 days leave that were previously deducted.
b.       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
                   Recorder                                                       WILLIAM J. HESS, I II
                                                                                 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.



 22 February 2007
W. DEAN PFEIFFER
 Executive Director

















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