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NAVY | BCNR | CY2009 | 05109-09
Original file (05109-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 5109-09
24 August 2010

Chairman, Board for Correction of Naval Records
Secretary of the Navy

 
 

FORMER! 2 REVIEW OF
NAVAL RECORD

(a) Title 10 U.S.C. 1552

(1) Subject’s naval record
(2) CNPC memo of 11 May 2009

4. Pursuant to the provisions of reference {a}, Petitioner
applied to this Board requesting his naval record be corrected to
show that he was not discharged from the Navy Reserve on 4 March
2008.

2. The Board, consisting of vr Sa SE. and Mr.

reviewed Petitioner's allegations of error and
injustice on 18 July 2010 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, reguiations 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
Commander Navy Personnel Command (NPC) advised the Board, in
effect, that Petitioner was GQischarged in error. He recommends
that Petitioner’s request be granted.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
in view of the contents of enclosure (2) the Board finds the

existence of an injustice warranting the following action.
RECOMMENDATION :

a. That Petitioner’s naval record be corrected to show that he
was mot discharged on 4 March 2009, and that all information
pertaining to the discharge be removed from his record.

b. That Petitioner be given authorized absences for the drills
he missed during the period 4 March 2009 to the date of
implementation of this action.

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 cértified that a 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 Wer eee
Recorder cting 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.

TR nD) Ae

FAW. DEAN ‘PFEIFFER
Executive Director

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