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NAVY | BCNR | CY2007 | 11163-07
Original file (11163-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100



DJC
 Docket No. 11163-07
20 May 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/attac}-iments
 (2)      NPC Memo 1160 Ser 811/164 dtd 15 Feb 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 modify reenlistment contract.
2. The Board, consisting of Mr. Zsalman, Mr. George, and Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice on 19 May 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. 11163-07
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The 4 month NAVPERS 1070/621 extension agreement, executed on or about 4 October 2000, is null and void.
b.       The 4 month NAVPERS 1070/622 extension agreement, executed on or about 3 February 2001, is null and void.
c.       The Petitioner executed a 5 month NAVPERS 1070/621 extension agreement, operative on or about 3 February 2001.
d.       The Branch/Class (BR/CL) on the reenlistment executed on ~l4 June 2001 is USN, vice USNR(FTS), and RADO is 000 months. The term is 6 years.
e.       This change will entitle the member to a zone “A” SRB with an award level of 2.5 for the AE rate. Remaining obligated service to 2 July 2001 will be deducted from SRB computation.
f.       The 14 month NAVPER5 1070/621 extension agreement, operative on or about 14 June 2007, is null and void.
g.       The Branch/Class (BR/CL) on the reenlistment executed on 26 July 2006 is USN, vice USNR(FTS), and RADO is 000 months. The term is 5 years, vice 4 years.
h.       This change will entitle the member to a zone “B” SRB with an award level of 1.0 for the AE rate. Remaining obligated service to 13 June 2007 will be deducted from SRB computation.
I.       The Petitioner was advanced to E-6 effective 16 March 2008.
j.       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.

ROB ERT D. ZSALMAN        WILLIAM J. HES S , III
Recorder         Acting Recorder





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Docket No. 11163-07
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.
         
         20 May 2008     
                                                                        W. DEAN PFEIFFER
 Executive Director
         











































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