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NAVY | BCNR | CY2008 | 10789-08
Original file (10789-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 10789-08
24 March 2009

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

Subj: REVIEW OF NAVAL RECORD ICO

      

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

Encl: (1) DD Form 149 w/attachments
(2) HOMC Memo 1040 MMEA dtd 22 Jan 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 modify an extension agreement.

2. The Board, consisting of Mr.Pfeiffer, Mr. Zsalman, and Mr. George,
reviewed Petitioner’s allegations of error and injustice on 23 March
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 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. 10789-08
RECOMMENDATION:

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

a. The 15 month NAVPERS 1070/621 extension agreement, operative
on or about 13 September 2008, is null and void.

b. The Petitioner executed a 8 month NAVMC 321la extension
agreement, operative on or about 13 September 2008. This will
establish an EAS of 12 May 2009, and an ECC of 12 May 2009.

c. Based on failure to complete deployment required per the
Assignment Incentive Pay (AIP) agreement, repayment of the AIP payment
is required in full.

d. A copy of this Report of Proceedings will 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 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.

24 March 2009 Va Wan. \e
RP Ny

Executive Direc

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