DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LOC
Docket No. 7483-09
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) CMC Memo 1910 MMSR-3 dtd 16 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 Petitioner is entitled to payment of separation pay when he
was discharged on 30 June 2009.
2, The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
23 November 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. 7483-09
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized payment of separation pay when he
was discharged on 30 June 2009,
b. Block 26, BD Form 214, Separation Code should be “JGH3" vice
“KBK1” and block 28, DD Form 214, Narrative Reason for Separation
should read “Non Retention on Active Duty” vice “Completion of
Required Active Service”.
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 if a true complete record of the
Board’s proceedings in the above entitled matter.
Libheen 4. RE
ROBERT D. ZSALMAN WILLIAM J. HESS
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.
. Woes
W. DEAN PFE
Executive Dixéc
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