DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 01645-08
29 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMERS@
REVIEW OF NAVAL RECORD
Ref: fa) 10 U.S.C. 1552
Encl: (1) DD Form 149 .
(2) CNPC memo 1850 PERS-81, 11 Feb 09 °
(3) CNPC memo 5420 PERS-832B, 17 Feb 09
{4} 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 her naval record be
corrected to show that she was retained on active duty until
such time as she completed twenty years of active service and
qualified for transfer to the Fleet Reserve, and that she be
retired under the provisions of the High Three retirement plan,
rather than the REDUX plan.
and
2.) The Board, consisting of Messrs. && é iii
' MOM ceviewed Petitioner's allegations of error and
injustice on 25 June 2009 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2) the Board was
advised by direction of the Commander, Navy Personnel Command,
in effect, that Petitioner was discharged in error because an
Abbreviated Limited Duty Medical Board report recommended that
she be placed on limited duty for a period of six months, and
that recommendation was approved by the Commanding Officer,
Naval Hospital Pensacola prior to her separation.
c. In correspondence attached as enclosure (3), the Board was
advised by the Assistant Head and Technical Advisor, Enlisted
Performance and Separations Branch, NPC, in effect, that in view
of the contents of enclosure {2), favorable action on
Petitioner’s request was in order.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3),
the Board finds the existence of an injustice warranting the
following corrective action concerning her discharge from the
Navy.
With regard to Petitioner's request for correction of her record
to show that she did not elect the REDUX retirement plan, the
Board notes that a REDUX election is irrevocable, and concluded
that Petitioner has failed to demonstrate that her election of
that plan was erroneous or unjust.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was not discharged on 8 March 2006.
b. That Petitioner's naval record be further corrected to
show that she was retained on active duty until 31 May 2008,
when she completed twenty years of active duty service, and that
she. was transferred to the Fleet Reserve effective 1 June 2008.
¢. That no further relief be granted.
da. That a copy of this Report of Proceedings be filed in
Petitioner's naval record, ,
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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
procedings in the above entitled matter.
ROBERT D. ZSALMAN ES bez cIoOs
Recorder Acting Regorder
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,
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.
Wen
W. DEAN PFE
it is hereby
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