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NAVY | BCNR | CY2013 | NR4529 13
Original file (NR4529 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-24890

 

BAN
“Docket No.NR04529-13
8 May 2014

From: Chairman, Board for Correction of Naval Records

 

To: Secretary of the Navy
Subj:
Ref: . {a) Title 10 U.S.¢. 1552
Encl: (1) DD Form 149 w/attachments
(2) Naval Personnel Command (NPC) memo 5420 Ser 91/023 of
19 Feb 2014 ,

1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (i) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that Petitioner is a member of the
Retired Reserve List with pay vice being discharged.

2. The Board, consisting of Messrs. Zsalman, Ruskin and George
reviewed Petitioner’s allegations of error and injustice on 28
April 2014 and, pursuant to its regulations, detérmined 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 applicabie
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.NR04529-13

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,
as follows:

a. Petitioner's discharge date of SEED § sul)

and void.

b. Petitioner transferred to the Retired Reserve List
without pay, effective

c. Petitioner subsequently transferred to the Retired

Reserve List, with pay, effective na

Note: Petitioner will be entitied to all back pay and
allowances effective from the date of his Reserve Retirement,

wit py,

d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.

A. 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 ig certified that quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Boarda’s

proceedings in the above entitled matter.

ROBERT D. ZSALMAN by BRONTE (I. MONTGOMERY
Recorder Acting Rec ex

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
Docket No.NRO4529-13

authority of reference (a), has been approved by the Board on

behalf of the Secretary of the Navy.

6 May 2014 — > ;
¥ pated 4“ .

ROBERT D. ZSALMAN
Acting Executive Director

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