DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 3447-09
25 Jan 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
R EW OF NAVAL RECORD ICO .
Ref; {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
'(2) NPC memo 5420 PERS 4G of 10 Nov 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 that Petitioner is entitled to Post-Mobilization Respite
Absence.
2. The Board, consisting of Messrs. George, Pfeiffer, and 4salman,
reviewed Petitioner's allegations of error and injustice on
25 January 2010 and, pursuant to its requlations, 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. 3447-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner earned 5 days Post-Mobilization Respite Absence
prior to his release from Active Duty on 25 April 2009. Because
Petitioner has already been released from Aative Duty, the record will
be changed to show that he earned 5 additional days of annual leave
and sold the 5 days of leave upon his release. This change entitles
him 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).
c A copy of this Report of Proceedings 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.
- 4
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.
25 January 2010
Bee BS fot
Fex_W. DEAN PFEIFFER
Executive Director
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