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NAVY | BCNR | CY2009 | 10820-09
Original file (10820-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 10820-09
290 Jan 10

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

Sub}: 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 811/730 dtd 6 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 show he reenlisted USN vice USNR.

2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and

Mr. George, reviewed Petitioner's allegations of error and injustice
on 19 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,
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 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 |

l
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. 10820-09
RECOMMENDATION :

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

a. ‘The Branch/Class (BR/CL) on the immediate reenlistment
contract (NAVPERS 1070/601) executed on or about 30 June 2000 is USN,
vice USNR. The RADOMOC is blank.

b. The Branch/Class (BR/CL) on the immediate reenlistment
contract (NAVPERS 1070/6011) executed on or about 21 November 2002 is
USN, vice USNR. The RADOMO is blank.

c. The 14 month agreement to remain on active duty (NAVPERS
1070/622) signed on 12 December 2007, and operative on or about 21
November 2008, is null and void.

ad. The Branch/Class (BR/CL) on the 14 month agreement to extend
enlistment, (NAVPERS 1070/621) signed on 26 November 2007, and
operative on or about 21 November 2008 is USN, vice USNR. The BRCL is
11, SPI-TAR is blank, TAR-TEMAC is blank, EAOS is 20 January 2010,
RADOMO is blank, and EREN is blank,

e. The 12 month agreement to remain on active duty (NAVPERS
1070/622) signed on 18 December 2007, and operative on or about 21
January 2010, is null and void.

f. The Branch/Class (BR/CL) on the 12 month agreement to extend
enlistment, (NAVPERS 1070/621) singed on 17 December 2007, and
operative on or about 21 January 2010 is USN, vice USNR. The BRCL is
11, SPI-TAR is blank, TAR-TEMAC is blank, EAOS is 20 January 2011,
RADOMO is blank, and EREN is blank.

g. 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. Z4SALMAN WILLIAM J. ph thar IL
Recorder Acting Recorder
Docket No. 10820-09

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 Jan 10

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