DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 5952-08
23 September 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
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1430 PERS 812 dtd 25 Aug 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 and cancel an extension, and cancel and execute a
reenlistment.
2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr.
George, reviewed Petitioner’s allegations of error and injustice on 22
September 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
Docket No. 5952-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The Petitioner executed a 24 month NAVPERS 1070/621 extension
agreement, operative on or about 19 December 2004. The effective date
of enlistment being extended is 19 December 2002 vice 2 May 1995.
b. The 24 month NAVPERS 1070/621 extension agreement of 5 March
2007, operative on or about 19 December 2006, is null and void.
c. The 4 year reenlistment executed on or about 25 October 2007
is null and void.
dad. The Petitioner was discharged on 17 December 2006 and
reenlisted, under the provisions of “Benefits of rate”, on 18 December
2006. The term is 2 years. The EREN is 17 December 2008.
e. 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 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.
23 September 2008 LaQen!
W. DEAN PFELFENR
Executive Dir oO
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