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NAVY | BCNR | CY2010 | 02855-10
Original file (02855-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LEC
Docket No: 2855-10
7 Sep 10

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

Subj; REVIEW OF NAVAL RECORD ai , pies’

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) CMC memo 1910 MMSR-3 of 3 Aug 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 was entitled to separation pay when he was discharged from the Marine Corps
on | October 2009.

2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 16 August 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. 2855-10

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

a. Petitioner was authorized payment of one-half Separation Pay when he was discharged
from the Marine Corps on 1 October 2009.

b. In Block 26 of the DD Form 214 Petitioner was given a Separation Code of “JGH3” vice
“KBK1” and Block 27 a Reentry Code of “RE-1B” vice “RE-1A”,

c. That a copy of this Report of Proceedings be filed in Petitioner’s naval record,

4. It is certified that a 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, Il
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.

7 September 2010 Raw fs
Fow_W. DEANPFEIFFER

Executive Director

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