DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NROO0114-14
23 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: i ee,
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Navy Personnel Command (NPC) memo 1770 PERS-95 of 27
Mar 2014
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that Petitioner be
allowed to transfer to the Fleet Reserve Retired List awaiting
pay at age 60 vice being discharged.
2. The Board, consisting of Messrs. Zsalman, Ruskin and George
reviewed Petitioner's allegations of error and injustice on 14
April 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 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.NROO0O114-14
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 of 5 May 2012 is null and void.
b. Petitioner is eligible and qualified for early
retirement with sufficient qualifying years.
c. Petitioner will be afforded the opportunity to submit a
request for retirement within 90 days from the date of this
letter to the Naval Personnel Command (NPC), PERS-952,
Millington, Tennessee.
NOTE: When submitting a request for retirement, enclose a copy
of this letter with the package.
d. That a copy of this Report of Proceedings be filed in
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 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.
Buu |
ROBERT D. ZSALMAN BRONTE I-° MONTGOME
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
Docket No.NROO114-14
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
23 April 2014
aay SH
ROBERT D. ZSALMAN
Acting Executive Director
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