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NAVY | BCNR | CY2009 | 09093-09
Original file (09093-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

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

 

JRE
Docket No. 09093-09
25 January 2010

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

 

Subj: LANCE CORPORAL siiéf@ pa
REVIEW OF NAVAL RECORD =e

Ref: (a) 10 U.$.C. 1552 .

‘Enel: (1) DD Form 149
(2) CMC memo 1741 MMSR-4, 8 Jan 10
(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 his naval record be
corrected to show that he was ‘not released from active duty on 8
June 2009, and that he remained on active duty until he was
retired by reason of physical disability on 31 December 2009.

2. The Board, consisting of Ms. @(fiBBwand Messrs. ils 200
Mili ccviewed Petitioner's allegations of error and injustice
on 14 January 2010 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. Enclosure (1) was filed in a timely manner.
c. In correspondence attached as enclosure (2), the
Commandant of the Marine Corps recommended that Petitioner's
request be granted.

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.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
he was not released from active duty on 8 June 2009, and that he
remained on active duty until 30 December 2009, when he was
released from active duty and permanently retired by reason of
physical disability.

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

4. Pursuant to Section 6(¢) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)} 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.

      
 

EXNTCIOS

ROBERT D. 4SALMAN /
Acting Recorder

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.

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