DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 703-09
3 February 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) CNRC Memo 1133 Ser 32/ dtd 12 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 Enlistment/Reenlistment document Armed Forces of the United
States.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr.
George, reviewed Petitioner’s allegations of error and injustice on 2
February 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. 703-09
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. The DD Form 4/1 (Jan 2001) executed on or about 21 January
2005 is for a term of 8 years in the Naval Reserve. The Enlistment in
the Delayed Entry/Enlistment Program (DEP) with Active Duty orders
effective 16 June 2005 is for a term of 4 years in the regular
component of the United States Navy.
b. The petitioner executed a DD Form 4/3 (Jan 2001), on or about
16 June 2005 for a term of 4 years in the regular component of the
United States Navy. This will establish Petitioner’s EAOS as 15 June
2009. The 24 month NAVPERS 1070/621 extension agreement the
Petitioner executed to comply with the requirements of the Navy Seal
Challenge and Loan Repayment Plan will establish an SEAOS as 15 June
2011.
c. The 5 month NAVPERS 1070/621 extension agreement, operative
on or about 16 June 2010 is null and void.
b. 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, Il
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.
3 February 2009 Lo' ;
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W. DEAN PFETRF \
Executive Diect
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