DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
Lec
Docket No. 10579-09
13 Jan 10
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 1430 Ser 811/717 dtd 28 Oct 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 show his enlistment of 8 July 2008 was for 4 years vice 6 Years and
E-6 be backdated to show he was advanced to E-6 from the September 08
Exam.
. 2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
11 January 2010 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken om 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. 10579-09
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that: : ,
a. Petitioner's enlistment of 8 July 2008 was for four (4) years
vice six (6) years. (NOTE: PERS 811 will compute and pay the SRB for
the Petitioner’s enlistment of 8 July 2008 for 4 years.)
b. That so much of Petitioner's request as exceeds the foregoing
be denied for the reasons stated in enclosure 2. In particular, PERS
81 cannot compare the petitioner’s standard exam score from Cycle 203
to Cycle 200 as Petitioner has no E-5 evaluations for the computation
period of 1 September 2004 to 31 August 2008. Therefore, no PMA can
be established. -
c. 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 complete record of the
Board's proceedings in the above entitled matter.
ROBERT D. ZSALMAN | wan Oh
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(ea)
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.
13 January 20106 . \Sauark
W. DEAN PFRIF
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