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NAVY | BCNR | CY2009 | 02550-09
Original file (02550-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LCC
Docket No. 2550-09
22 Jun 09

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

Subj: REVIEW OF NAVAL RECORD ICO

FORMER MEMBER @

  

 

Ref: {a} Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1430 PERS 812 of 15 May 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 show Petitioner was advanced to E-5 and paid for drills performed
in December 2006.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on

8 June 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 ail
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 for
advancement to E-5 should be denied but that she should be paid for
the drilis performed in December 2006. ,

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. 2550-09

RECOMMENDATION:

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

a. Petitioner was transferred to the Inactive Ready Reserve
(IRR} effective “13 December 2006” vice “6 December 2006”.

b. Petitioner is authorized payment of two drills on 9 December
2006 and payment of two drills on 10 December 2006. (NOTE: The

Reserve Pay Record should be audited to insure the Petitioner has not
been paid for this period.)

c. That part of the request to be advanced to E-5 is denied

because an individual is not eligible to be advanced when assigned to
the Inactive Ready Reserve.

d. 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.

ROBERT D. ZSALMAN WILETAM J. Ms AW

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.

22 June 2009

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