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NAVY | BCNR | CY2009 | 03980-09
Original file (03980-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

bIC
Docket No. 3980-09
15 Dec 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

Encl: (1) DD Form 149 w/attachments .
(2) NPC Memo 1160 Ser 811/411 dtd 26 Jun 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 cancel a reenlistment.

2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and

Mr. George, reviewed Petitioner's allegations of error and injustice
on 14 December 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 partial
merit and warrants partial 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. 3980-09
RECOMMENDATION:

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

a. The 6 year reenlistment executed on or about 10 March 2009 is
null and void. This reestablishes the previous BAOS of 21 March 2010,
and SEAOS of 21 June 2010

b. The portion of your request extending to a SRB for the 6 year
reenlistment executed on or about 10 March 2009 was disapproved. Your
reenlistment request was not submitted far enough in advance of
NAVADMIN 050/09 to be approved by your command and submitted into
OPINS before 10 February 2009.

c. 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 — WILLIAM J. HESS, VIII
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.
15 Dec 09

*_wW. DEAN PFEIFFER
Executive Director

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