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NAVY | BCNR | CY2008 | 10706-08
Original file (10706-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 10706-08
24 Aug 09

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD JCO.

  

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Porm 149 w/attachments
(2) CMC memo RFF-11 7200 of 4 Aug 09
(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 waive the recoupment of his Tuition Assistance debt.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 24 August
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. fhe 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. 10706-08
RECOMMENDATION :

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

a. The debt established based on tuition assistance patments
received while participating in the Platoon Leader's Class program is
waived. Any partial payments of the debt already paid by Petitioner
will be restored to Petitioner.

b. 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 complete record of the.

Board’s proceedings in the above entitled matter.

[ebliaiA.. wz.

ROBERT D. ZSALMAN WILLIAM J. HESS, ITI
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.

TT tnt > ff
erA_W. DEAN PFEIFFER
Executive Director

24 August 2009

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