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NAVY | BCNR | CY2009 | 08400-09
Original file (08400-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON BC. 20370-5100

 

Dc
Docket No. 8400-69
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 811/587 dtd 31 Aug 09
(3} Subject’s naval record

i. 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 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. 8400-09

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 1 February 2002 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 1 February 2006, is null and void.

c. The Branch/Class (BR/CL) on the agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 1 February 2006
is USN (BRCL is 11), vice USNR.

d. The Branch/Class (BR/CL) on the reenlistment executed on or
about 20 July 2006 is USN, vice USNR. The BRCL is 11, RADOMO is 000d,
and EREN is oooooo,

e. The agreement to remain on active duty (NAVPERS 1070/622),
effective on or about 20 July 20609, is null and void.

£. The Branch/Class (BR/CL) on the agreement to extend |
enlistment, (NAVPERS 1070/621) operative on or about 20 July 2009 is
USN (BRCL is 11), vice USNR.

g. The agreement to remain on active duty (NAVPERS 1070/622),
effective on or about 20 October 2009, is null and void.

h. The Branch/Class (BR/CL) on the agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 20 October 2009
is USN, vice USNR. The BRCL is 11, EAOS is 19 October 2010, SEAOS is
19 October 2010, RADOMO is 000, and BREN is 000000.

i. 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.

rere
ROBERT D. ZSALMAN ; WILLIAM J. HESS, If
Recorder Acting Recorder
Docket No. 8400-09

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.

20 October 2009 wf Pe
. W. DEAN PFE

BF
Executive Dinec

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