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NAVY | BCNR | CY2013 | NR8491-13
Original file (NR8491-13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

puc _
Docket No. NR8491-13
25 Feb 14

From: Chairman, Board for Correction of Naval Records

/ Fo: Secretary of the Navy

Subj: Si |
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments

(2) NPC ltr 5420 PERS-93/28718 dtd SS,

(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 issue an immediate reenlistment contract .

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

Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice
‘on 24 February 2014 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 Depar Vise 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. NR8491-13
- RECOMMENDATION:

That Petitioner’ ‘8 naval record be CORseered, where appropriate, to
show that:

a. Petitioner executed a 3 year immediate reenlistment contract
(NAVPERS 1070/601), operative on or-about 5 August 2011. Note:
payment of non-disability separation pay is authorized to the member
who has. entered into a written agreement with the Navy to serve in the
Ready Reserve for a period of not less than 3 years following the
separation from active duty. This contract is in addition to any
other remaining service obligation. Furthermore, any other immediate
reenlistment contract executed by the Petitioner for the purpose of an
Individual Ready Reserve agreement is null and void.

_b. .Note: in those cases where a member is entitled to an
Individual Ready Reserve (IRR) Contract, PERS-93 will create the
Reserve Contract document as well as facilitate the Petitioner's gain
into the IRR, and will make the required Guster bation, of the contract »
based on this action.

ac. A copy of this Report of PEOCeesinge 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 _ BRONTE I. MONTGOMERY

‘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 Feb 14 Ae D. TAQ

ROBERT D. 4SALMAN
Acting Executive Director

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