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NAVY | BCNR | CY2009 | 09816-09
Original file (09816-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 9816-09
25 Nov 09

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

   
 

a

Subj: an WOOF NAVAL: RECORD ICO

    

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) HOMC Memo 1040 MMEA dtd 16 Nov 09
(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 cancel a reenlistment and establish an extension agreement.

2. The Board, consisting of Mr. Pfeiffer, Mr. George, and Mr.
Exnicios, reviewed Petitioner’s allegations of error and injustice on
24 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,
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. 9816-09
RECOMMENDATION:

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

. a. The 4 year and 4 month reenlistment document {DD Form 4},
executed on or about 6 August 2009 is null and void.

b. The Petitioner executed a 1 month agreement to extend
enlistment (NAVMC 321A), operative on or about 14 November 2009. This
will establish an EAS of 13 December 2009, and an ECC of
13 December 2009.

c. Based on failure to carry out your 4 year and 4 month
reenlistment agreement, repayment of the SRB payment is required in
full.

d. 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 entitied 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.

25 Nov 2009 Lay

W. DEAN PFEIFFER
Executive Di

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