DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12861-09
21 December 2009
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Sub > : aa eecaeneeeeremeronernee
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 9 Sep 09 w/attachments
(2) Subj's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected to by setting aside
his discharge from active duty on 25 November 2009 due to high
year tenure as a second class petty officer, pay grade E-5, and
showing that he was extended on active duty until 20 March
2010.
The Board, consisting of Messrs .,d aa me
AER ev iewed allegations of error and injustice on 15
December 2009, and pursuant to its regulations, determined that
relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner was discharged from active duty on 25
November 2009 with 13 years, 11 months, and 29 days of service,
due to high year tenure as a second class petty officer. On 30
November 2009, he was notified that he was selected for
promotion to first class petty officer, pay grade E-6. This
promotion would allow him to continue his career on active
duty. He had been previously approved for an extension until
20 March 2010, which was nullified due to him reaching high
year tenure as a second class petty officer.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error and injustice
warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by setting
aside his discharge of 25 November 2009, and showing that his
current enlistment is extended until 20 March 2010.
b. That his record be corrected further by removing the
Defense Department (DD) Form 214 “Certificate of Release or
Discharge from Active Duty” which reflects his service through
25 November 2009.
c. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)}) it is certified that a 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. ZSALMAN BRIAN \ GEORGE
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.
\pWeark
W. DEAN PFE
Executive Dil xX
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