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NAVY | BCNR | CY2009 | 12338-09
Original file (12338-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 12338-09
21 Jun 10

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj: REVIEW OF NAVAL

Ref: {a} Title 10 U.S.C. 1552

Encl: {1) DD Form 149 w/attachments

(2) NPC memo 1160 Ser 811/036 of 14 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 the applicable naval record be corrected -
to change the term of reenlistment to establish entitlement to
transfer Post-9/11 GI Bill benefits to his dependents.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 21 June
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. 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. 12338-0609

RECOMMENDATION :

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

a. The NAVPERS 10706/601 reenlistment contract executed on or
about 1 October 2009 is for a term of 4 years, vice 3 years. This
change will entitle Petitioner to an additional 12 months of zone “B”
Selective Reenlistment Bonus (SRB) for S$0/5326 NEC, award level 6.5.

b. On 7 October 2009 he submitted a Transferability of
Educational Benefits (TEB) application in accordance with DoD/Navy
policies. His request was approved effective 7 October 2009

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.

[dean f PE

ROBERT D, ZSALMAN WILLIAM J. HESS,
Recorder . Acting Recorder
Bis 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.

21 June 2010 \p®en.s

W. DEAN P
Executive r

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