DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD
ARLINGTON, VA 22204
MEH
Docket No. 673-12
12 Mar 12
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. L552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1160 Ser 811/065 of 13 Feb 12
(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. George, Pfeiffer, and
Zsalman, reviewed Petitioner's allegations of error and
injustice on 12 March 2012 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.
Docket No. 673-12
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.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. The NAVPERS 1070/601 reenlistment contract executed on
or about 5 November 2010 is for a term of 6 years, vice 4 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.
c. A copy of this Report of Proceedings will be filed iti
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. ‘
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Docket No. 673-12
Ba 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.
12 March 2012 TR S ie Q
yew W. DEAN PFEIFFER
Executive Director
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