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NAVY | BCNR | CY2007 | 03287-07
Original file (03287-07.rtf) Auto-classification: Approved

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


JRE
Docket No. 03287-07
3 May 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         Subj:    REVIEW OF NAVAL RECORD
         Ref:     (a) 10 U.S.C. 1552

End:     (1) DD Form 149
(2)      NPC memo 5730, Ser PERS-495/0583, 26 Mar 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 nava l record be corrected to show that he injured his knee while serving in Iraq, and that his transfer to the Retired Reserve be cancelled.

2.       The Board, consisting of Messrs reviewed Petitioner’s allegations of error and injustice on 2 April 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.





RECOMMENDATION:

a.       That Petitioner’s naval record be corrected to show that was transferred to Individual Ready Reserve on 1 July 2004, vice the Retired Reserve, and that he has remained in that status to the present date.

b.       That his record be corrected further to show that during the period 3 February-S October 2003, while serving in Iraq, he sustained a traumatic injury to his right knee, with pos~ib1e internal derangement of that joint.

c.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4. It is certified that a 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.








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