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NAVY | BCNR | CY2007 | 07199-07
Original file (07199-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100


DJC
 Docket No. 7199-07
12 February 2008
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 811/058 dtd 17 Jan 08
(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 change the term of reenlistment.
2.       The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice on 11 February 2008 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. 7199-07
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The 8 month NAVPERS 1070/621 extension agreement, operative on or about 29 May 2007, is null and void.
b.       The reenlistment executed on or about 26 May 2007 is for a term of 4 years, vice 5 years.
c.       This change will entitle the member to a zone “A” SRB with an
 award level of 5.0 for the FC rate. Remaining obligated service to 28
May 2007 will be deducted from SRB computation. The Petitioner’s 5.0
award level entitlement should be adjusted from the previous 4.0
payment.
d.       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 72 3.6(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.


12 February 2008
W. DEAN PFEIFFER
 Executive Director









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