DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01429-12
15 February 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ret: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
active duty enlisted member of the Navy, filed enclosure (1)
with this Board requesting that the record of unauthorized
absence (UA) (NAVPERS 1070/606) forms dated 20 January and 20
February 2009, covering the period from 31 December 2008 to 4
January 2009, be removed from his Official Military Personnel
File (OMPF).
2. The Board, consisting of Mr. Hotopp, Ms. Barrow, and
Mr. Blanchard, reviewed Petitioner's allegations of error and
injustice on 14 February 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 his application, Petitioner has submitted
documentation which indicates that the period of UA in question
was determined not to be unauthorized.
c. A review of Petitioner’s OMPF shows that on 20 January
2009, a record of UA form was submitted reporting him being
absent from 31 December 2008 and surrendering on 4 January 2009.
A gecond record of UA form was submitted on 20 February 2009
covering the same period and stated that “absence determined not
to be unauthorized”. Both were signed by the same legal leading
petty officer.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action in the form of relief.
After careful and conscientious consideration of the entire
record, the Board concludes that the available evidence in the
record shows that Petitioner’s period of UA from 31 December
2008 to 4 January 2009, was determined not to be unauthorized.
Accordingly, all such documentation in the record should be
removed.
RECOMMENDATION :
a. That Petitioner's record of UA (NAVPERS 1070/606)
dated20 January 2009 and 20 February 2009, documenting his
absence from 31 December 2008 to 4 January 2009, be removed from
his OMPF.
b. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material direct to be removed from Petitioner’s
naval record be returned to this Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made
a part of 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 a 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.
oo}
ROBERT D. ZSALMAN BRIAN J.¥ GEORGE
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 Regulation, 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.
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