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NAVY | BCNR | CY2014 | NR6484 14
Original file (NR6484 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

Bc
Docket No: 06484-14
20 October 2014

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Ref: (a) 10 U.S.C. 1552

Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record

1. Pursuant to the provisions of reference {a), Petitioner, an
enlisted member of the United States Navy, filed enclosure (1)
with this Board requesting, in effect, that the Record of
Unauthorized Absence (NAVPERS 1070/606) dated 14 October 2003 be
- removed from his record.

2. The Board, consisting of Mr. Clemmons, Mr. Ivins, and Ms.
Tollefson, reviewed: Petitioner's allegations of error and
injustice on 16 October 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.

b. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 9 duly 2002. On 12
October 2003, while on liberty, he was stabbed in the back,
taken to the hospital for immediate surgery, and was unconscious
until 14 October 2003. Once he regained consciousness, he
immediately informed the hospital staff to contact his command.
Nevertheless, the command generated a Record of Unauthorized
Absence (NAVPERS 1070/6006) for the two days he was absent from
the command.

d. Petitioner was not the subject of any military
disciplinary actions and his record does not reflect any
derogatory material other than the erroneously filed record of
unauthorized absence. In this regard, he asserts that the
NAVPERS 1070/606 is inhibiting his selection for promotion.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board notes that Petitioner's
record warrants removal of the record of UA since the NAVPERS
1070/606 was erroneously filed. Accordingly, it finds it to be.
in the interest of justice to grant his request.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
he was not in a UA status from 12 to 14 October 2003, and
removal of the Record of Unauthorized Absence (NAVPERS 1070/606)
from his record.

b. That a copy of this report of proceedings be filed in his
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 a 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.

Phe

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 Regulation, Section 723.6 (e))

2
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.

  
     

ROBER . OTNELUL
Executive Director

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