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NAVY | BCNR | CY2009 | 05365-09
Original file (05365-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS:

2 NAVY ANNEX
WASHINGTON BC 20370-5100

 

LC¢c
Docket No. 5365-09
27 Jul 09

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

Subj:

   

REVIEW OF NAVAL RECORD Tc

*

  

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

Enei: (1) DD Form 149 w/attachments
{2) NAVSUPSYSCMD memo 4050 Ser 538/072 of 29 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 show his retirement orders were dated prior to 26 December 2006.

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

27 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.

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. 5365-09

RECOMMENDATION:

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

a. The orders that transferred Petitioner to the Retired List
were dated “22 December 2006” vice any other date.

(NOTE: Petitioner will forward a copy of all receipts pertaining to
moving his household goods (HHG), a copy of his: retirement orders, a
copy of the weight tickets for the HHG, and a copy of this letter to
the Business Support Department FISCN, HHG Audit Team Division, Code
302, 1968 Gilbert Street STE 600, Norfolk, VA 23511-3392.)

b. 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 complete record of the
Board’s proceedings in the above entitled matter.

WILLIAM J. end

ROBERT D. ZSALMAN rT

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.

\) “
27 July 2009 ‘

W. DEAN PRE
Executive D cer

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