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NAVY | BCNR | CY2011 | 04214-11
Original file (04214-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

Lee
Docket No. 4214-11
4 Aug 11

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

Subj: REVIEW OF NAVAL RECORD ICO

Ref: {a) Tatle 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) NPC memo 5420 PERS-911 of 23 May 114
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to ag Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show that the Petitioner was transferred to the Retired Reserve
List (Awaiting Pay at Age 60).

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

1 August 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:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.

bo. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has commended to the effect that the request has merit and
warrants favorable action.

CONCLUSTON

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. 4214-11
RECOMMENDATION :

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

a. Petitioner’s discharge of 1 June 2006 is null and void.

b. On 1 June 2006 Petitioner was transferred to the Retired
Reserve (awaiting Pay at Age 60) in pay grade of Commander with
21 years, 00 months, and 00 days of qualifying non-regular service as
computed under 10 USC Chapter 1223.

c. 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 ef 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, ITI

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.

4 August 2011

W. DEAN PFETPP
Executive Di

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