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NAVY | BCNR | CY2009 | 08938-09
Original file (08938-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

DIC
' Docket No. 8938-03
17 Nov 09

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: (i) DD Form 149 w/attachments
{2) NPC Memo 1160 Ser 811/614 dtd 17 Sep og
{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 show the Petitioner reenlisted and was advanced under the
provisions of the Selective Training and Reenlistment (STAR) program.

2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr.
George, reviewed Petitioner’s allegations of error and injustice on

16 November 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,
reguiations 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 ali
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. 8938-09
RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The 6 year reenlistment executed on or about 3 March 2009 is
null and void.

b. The Petitioner was discharged on 2 April 2009 and reenlisted,
under the provisions of the STAR program, on 3 April.2009. The term
is 6 years.

_c. This change will entitle the member to a zone “A” SRB with an
award level of 12.0 for NEC 3385. Remaining obligated service to 10
July 2010 will be deducted from SRB computation.

d. The Petitioner was advanced to Petty Officer Second Class
effective 3 April 2009 vice 3 March 2009.

e. 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, III

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(¢)) 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.

17 Nov 09 lo \oas

W. DEAN PF
Executive Diyettior

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