DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NROO546-14
16 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: (i.
a
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Office of the Chief of Naval Operations (CNO) memo 1418 Ser
N13/021 of 14 Feb 2014
(3) Subject’s naval record
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 member is eligible for
retirement under the Temporary Early Retirement Authority (TERA).
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.
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.NROG0546-14
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner was transferred to the Fleet Reserve on 31 October
2012 under TERA.
b. Petitioner's DD Form 214 issued on 31 October 2012 be
corrected to reflect that member has sufficient service for retirement
under TERA.
NOTE: Petitioner will be entitled to all benefits associated with
retirement, including a Survivor Benefit Plan election.
c. 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.
ROBERT D. ZSALMAN Beonee MONTGDMER
Recorder Acting iu
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.
16 April 2014 eS oo
ROBERT D. ZSALMAN
Acting Executive Director
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