DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-57100
MEH
Docket No. 12043-1090
5 Jul 11
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1780 PERS-314B of 28 Mar 11
{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 eligibility to
transfer Post-9/11 GI Bill benefits to his dependents.
2. The Board, consisting of Messrs. Exnicios, George, and Pfeiffer,
reviewed Petitioner’s allegations of error and injustice on 5 July
2011 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:
-@. 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 ag 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. 12043-10
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The NAVPERS 1070/601 reenlistment contract executed on or
about 1 June 2010 is for a term of 5 years, vice 3 years.
b. When Petitioner's Transfer of Educational Benefits (TEB)
application was submitted, he had sufficient obligated service to
qualify for the transfer of Post-9/11 GI Bill benefits.
¢. 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 3. HESS, III
Recorder ; Acting Recorder
5s 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.
4
_ Feni. DEAN PFEIFFER
Executive Director
5 July 2011
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