DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 7496-09
15 Dec 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NA
Ref: {a) Title 16 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNP Memo 1530 Ser N133D/000352 dtd 23 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 establish entitlement to a zone “D” Enlisted Supervisor Retention
Program (ESRP).
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 pertainirg 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. 7496-09
RECOMMENDATION ;
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 42 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 20 August 2008, is null and void.
b. The Petitioner executed a 12 month agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 2¢ August 2008.
c. The Petitioner executed a 23 month agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 2C August 2009.
d. The Petitioner executed on 9 July 2007 an Administrative
Remarks (NAVPERS 1070/613); fulfilling a 7 month agreement to extend
enlistment operative on or about 20 July 2011. This will satisfy the
petitioner's obligated service requirement for BUPERS Orders 12¢7.
e. The Petitioner was discharged on 26 July 2009 and reenlisted,
on 27 July 2009. The term is 4 years.
£. This change will entitle the member to a zone “D” ESRP with
an award level of 1.5 for NEC 3365. Remaining obligated service to
19 August 2009 will be deducted from SRB computation. Contact N133D3
for contract calculation regarding initial and future fiscal year
payments, and funding information.
g. 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, IIT
Recorder Acting Recorder
Docket No. 7496-09
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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