DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lc¢e
Docket No. 8168-09
28 Sep O09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW_OF NAVAL RECORD ICO
Me
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CMC Memo 1040 MMEA of 18 Sep 09
(3) Subject’s naval record
1: Pursuant to the provisions of reference (a) Subject, hereinafter .
veferred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show Petitioner was entitled to payment. of one-half Separation Pay
when he was discharged on 30 January 2009.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on
28 September 2009 and, pursuant to jts 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 exror 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 che 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. 8168-09
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized payment of one-half Separation Pay
when he was discharged on 30 January 2009.
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.
ROBERT D. ZSALMAN ; WILLIAM J. jbo
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.
28 September 2009
RBS Fo
Fe. Ww. DEAN PFEIFFER
Executive Director
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