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NAVY | BCNR | CY2008 | 09685-08
Original file (09685-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DJC
Docket No. 9685-08
9 December 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 1160 Ser 811/711 dtd 29 Oct 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 entitlement to a zone “A” Selective Reenlistment Bonus
(SRB) .

2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and Mr.
George, reviewed Petitioner's allegations of error and injustice on 8
December 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. 9685-08
RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The 24 month NAVPERS 1070/621 extension agreement, operative
on or about 26 July 2008, is null and void.

b. The Petitioner was discharged and reenlisted on 24/25 July
2008, vice on or about 23/24 July 2008. The term is 4 years.

c. This change will entitle the member to a zone “A” SRB with an
award level of 6.0 for NEC 1136.

d. The petitioner’s command must submit the tax free data code
to DFAS for determination of tax free eligibility.

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.

Labi Ape

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.
9 December 2008
; SDs
W. DEAN PFEI

Executive Dik cor

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