DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 11755-08
21 Sep 09
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
Enel: (1) DD Form 149 w/attachments
(2) NPC memo Pers-4G6 of 9 Jul 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 establish entitlement to Post-Mobilization Respite Absence.
2. The Board, consisting of Messrs. Exnicios, George, and Pfeiffer,
reviewed Petitioner’s allegations of error and injustice on 21
September 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. 11755-08
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. She earned 5 days Post-Mobilization Respite Absence prior to
her release from Active Duty on 24 April 2008. Because Petitioner has
already been released from Active Duty, the record will be changed to
show that she earned 5 additional days of annual leave and sold these
5 days of leave upon her release. This change entitles her to payment
for 5 days Lump Sum Leave (LSL).
b. Petitioner should contact Navy Personnel Command (Pers 312),
5720 Integrity Drive, Millington TN 38055-0000 to obtain a corrected
DD Form 214 that reflects the above correction (a copy of this letter
should be enclosed).
¢. 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.
pillows pe
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.
21 September 2009 \ Shans
W. DEAN PFE
Executive D tor
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