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NAVY | BCNR | CY2012 | 05913-12
Original file (05913-12.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204

 

DJC
Docket No. 5913-12
25 Sep 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. 1552

Encl: (1) DD Form 149 w/attachments
(2) HOMC Memo 5420 MMEA dtd 1 Aug 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 cancel an agreement to extend enlistment.

2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and

Mr. George, reviewed Petitioner’s allegations of error and injustice
on 24 September 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.

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. 5913-12
RECOMMENDATION:

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

a. The 12 month agreement to extend enlistment ((1133) NAVMC
321a), operative on or about 21 June 2014, is null and void. Note:
This change will establish an EAS/ECC of 20 June 2014.

b. 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.

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.

25 Sep 12 ips

W. DEAN PFET RFE
Executive Diyect

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