. DEPARTMENT OF THE NAVY .
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
BIC
Docket No. 8384-09
20 October 2009
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) NPC Memo 1160 Ser 811/586 dtd 31 Aug 09
{3) Subject 8 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 he reenlisted USN vice USNR.
2. The Board, consisting of Mr. Pfeiffer, Mr. George, and Mr. |
Exnicios, reviewed Petitioner's allegations of error and injustice on
19 October 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 ali 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. 8384-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The Branch/Class (BR/CL) on the reenlistment executed on or
about 6 July 2007 is USN, vice USNR. The BRCL is 11, RADOMO is 000,
and EREN is 000000.
b. The agreement to remain on active duty (NAVPERS 1070/622),
effective on-or about 6 July 2009, is null and void.
¢c. The Branch/Clags (BR/CL) on the agreement to extend
‘enlistment, (NAVPERS 1070/621) operative on or about 6 July 2009 is
USN (BRCL is 11), vice USNR.
dad. The agreement to remain on active duty (NAVPERS 1070/622),
effective on or about 6 October 2009, is null and void.
e. The Branch/Class (BR/CL) on the agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 6 October 2009 is
USN, vice USNR. The BRCL is 11, EAOS.is 5 November 2009, SHEAOS is 5
November 2009, RADOMO is 000, and EREN is 000000.
£. 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 , ae J. HESS, Hee
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.
20 October 2009 WN gang
. ; ‘
. W. DBAN PP
Executive Dir
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