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NAVY | BCNR | CY2011 | 00975-11
Original file (00975-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

WIH
Docket No. 975-11
3 August 2041

from: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD Tco
Ref: (a) Title 10 U.S.C. 1552
Encl: {1) DD Form 149 w/attachments

(2) BUPERS itr 97220 PERS 8353 of 5 May 2011
(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 Petitioner retired on 1 February 2011 vice any other
date.

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

1 August 2011 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 reguiations
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 partial
merit and warrants partial 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 partial
corrective action.
Docket No. 975-11
RECOMMENDATION:

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

a. Petitioner was transferred to the retired list effective
1 April 2008 vice 1 November 2006.

b. The DD 214 (Certificate of Release or Discharge from Active
Duty) of 31 October 2006 reflecting Petitioner’s separation and
transfer from active status to retired status is null and void.
Petitioner continued on active duty through 31 March 2008 when he was
transferred to the retired list to be effective 1 April 2008.

ce. That relief in excess of the above be denied. By letter
dated 21 February 2008, Petitioner was notified of the administrative
error and advised of his opportunity to return to active duty or
request a later retirement date. Thereafter, he took no action until
26 January 2011 when enclosure (1) was received. The Board determined
that by 1 April 2008, Petitioner had been afforded a reasonable
opportunity to make his election. Accordingly, relief beyond that
date is unwarranted.

ad. 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 and complete record of
the Board’s proceedings in the above entitled matter.

Wb

ROBERT D. ZSALMAN WILLIAM J. HESS, III
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.

3 August 2011 Rand g

Few Ww. DEAN PFEIFFER

Executive Director

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