DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 3162-10
20 Oct. 2010
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj:
REVIEW OF NAVAL R
Ref: (a) Title 10 U.8.€, 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC ltr 1811 PERS 8333 of 11 Jun 2010
(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 that he retired effective 1 April
2010.
2. The Board, consisting of Messrs. Pfeiffer, Exnicios and
George reviewed Petitioner's allegations of error and injustice
on 18 Oct 2010 and, pursuant to its regulations, determined that
the partial 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. Petitioner was retired from active duty effective
1 April 2007 which was earlier than was required by the law in
effect at the time.
Docket: 3162-10
c. Petitioner was afforded an opportunity to return to
active duty, but did not accept.
d. In correspondence attached as enclosure (2), the office
having cognizance over Navy retirements commented to the effect
that partial relief is warranted only through 1 June 2008.
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
partial corrective action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner was transferred to the retired list
effective 1 June 2008 vice 1 April 2007.
b. The DD 214 (Certificate of Release or Discharge from
Active Duty) of 31 March 2007 reflecting Petitioner's separation
and transfer from active status to retired status is null and
void. Petitioner continued on active duty through 31 May 2008
when he was transferred to the retired list to be effective 1
June 2008.
c. So much of Petitioner’s request for corrective action
as exceeds the foregoing be denied for the reasons stated in
enclosure (2).
d. A copy of this Report of Proceedings will be filed in
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 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 WILLIAM J. HESS, III
Recorder Acting Recorder
Docket: 3162-10
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 Oct 2010
Executive
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