DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No. 1642-09
6 July 2009
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 1811 PERS-822 of 8 Apr 2009
(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 show that Petitioner retired on 1 January 2008 vice any other date.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr.
George, reviewed Petitioner's allegations of error and injustice on
6 July 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.
Fs
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. 1642-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was transferred to the retired list effective
1 January 2008 vice 1 May 2007.
b. The DD 214 (Certificate of Release or Discharge from Active
Duty) of 30 April 2007 reflecting Petitioner's separation and transfer
from active status to retired status is null and void. Petitioner
continued on active duty through 31 December 2007 when he was
transferred to the retired list to be effective 1 January 2008.
ec. 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.
Liew. 4 We
ROBERT D. ZSALMAN WILLIAM J, HESS
Recorder Acting Recorder
Bx 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.
6 July 2009 \s :
W. DEAN DPE
Bxecutive Dil r
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