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NAVY | BCNR | CY2009 | 07899-09
Original file (07899-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY @

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

CRS
Docket No: 7899-09
19 February 2010

 

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

 
 

 

Subj: FORMERS eee
OF NAVAL RECORD -

oy
By
a
Hi
3]
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Ref: (a) Title 10 U.S.C. 1552

 

Encl: (14) Subject’s naval record
(2) CNPC memo of 28 Oct 09

1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting his naval record be corrected to
show a change in characterization of service as well as the
reentry code issued on 4 January 2008.

2. The Board, consisting of Ms. ate’ vr. MR and Mr.
Tea ev icwed Petitioner's allegations of error and
injustice on 13 January 2010 and, pursuant to 1ts 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
Commander Navy Personnel Command (NPC) advised the Board, in
effect, that Petitioner was incorrectly discharged by
Petitioner’s Reserve Center. Instead of receiving a discharge
under other than honorable conditions he shovld have received a
general discharge. The NPC also advised that the RE-4 reentry
code should remain in effect as it is required by applicable
regulations.

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 correction
with the exception of the RE-4 reentry code.
RECOMMENDATION :

a. That Petitioner’s naval record be corrected to show that on 4
January 2008 that he received a general discharge by reason of
unsatisfactory participation.

b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.

ec. That no further relief be granted.

4, it is certified 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 Mey EXNICIOS
Recorder “Acting Recorder

5. Pursuant to the delegation of authority set out in Section
6fe) 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.

 
  

W. DEAN P
Executive

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