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NAVY | BCNR | CY2007 | 09766-07
Original file (09766-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100



DJC
 Docket No. 9766-07
10 Jun 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)      HQMC Memo 1050 NNEA dtd 09 May 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 establish authorization to restore 67 days of leave.
2.       The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr. George, reviewed Petitioner’s allegations of error and injustice on 9 Jun 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.
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. 9766-07
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The Petitioner was in a duty (vice leave) status during the period 7 February 2006 through 8 March 2006 (Note: any leave deducted from Petitioner’s leave account during this period should be returned)
b.       That so much of Petitioner’s request for corrective action as exceeds the foregoing be denied for the reasons stated in enclosure
 (2)
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. HES S , 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 7 23.6(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.


10 Jun 2008
 W.DEAN PFEIFFER
 Executive Director

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