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NAVY | BCNR | CY2009 | 12536-09
Original file (12536-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

Lee .
Docket No. 12536-09
25 Feb 10

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

Subj: al ~— an - .

Ref: fa) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) NAVSUPSYSCMD memo 4050 Ser 538/006 of 15 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 show Petitioner requested the orders that released him from active
duty were issued on 14 January 2009.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on

22 February 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, Im 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. 12536-09
RECOMMENDATION :

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

a. The USS Philadelphia (SSN 690), Groton, CT issued the orders
releasing the Petitioner from active duty on “14 January 2009" vice
any other date. (NOTE: This correction to correct the date the
separation orders were published will entitle the Petitioner to move
his household goods at government expense.)

(NOTE: Petitioner will forward a copy of this letter, a copy of the
weight tickets, a copy of the separation orders, completed DD 1351-2,
and receipts for all legitimate HHG moving expenses to Business
Support Department FISCN, HHG Audit Team Division, Code 302, 1968
Gilbert Street STE 600, Norfolk, VA, 23511-3392.)

b. 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 WILLIAM J. HESS,~ IIT
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(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.

25 February 2010

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