DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
707 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ©
DIC
Docket No. NR6751-14
10 Mar 15
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sa,
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 5420 PERS-836/004
(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 show that the Petitioner transferred to the Fleet Reserve.
reviewed Petitioner’s allegations of error and injustice on
9 March 2015 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. NR6751-14
RECOMMENDATION:
That Petitioner‘’s naval record he corrected, where appropriate, to
show that:
]
a. The Petitioner was transferred to the Fleet Reserve on 30
September 2008, vice being discharged on 18 January 2007.
b. The Certificate of Release or Discharge from Active duty (DD
Form 214, Aug 2009), effective 18 January 2007, is mogified to read
block 12b (Separation date this period) “2008 09 30” vice *2007 01
18”, block 12c (Net active service this period) “20 00 24” vice 18 02
09", block 23 (Type of Separation) “TRANSFERRED TO THE FLEET RESERVE"
vice “DISCHARGE”, block 25 (Separation authority} “MILPERSMAN 1830-
040” vice “MILPERSMAN 116-120", block 26 (Separation Code) “NBD” vice
“JGH", block 27 (Reentry code) “RE-2" vice “RE-3M", and block 28
(narrative reason for separation) “SUFFICIENT SERVICE FOR RETIREMENT”
vice “SECRETARIAL AUTHORITY”.
c. Petitioner is entitled to all back pay and allowances for the
Period of 19 January 2007 to 30 September 2008. Furthermore,
Petitioner is entitled to retire pay from 1 October 2008 to present
due to the aforementioned correction. Finally, recoup
‘ Separation/Severance pay the Petitioner may have received when he was
discharged on 18 January 2007.
d. A copy of this Report of Proceedings 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 enti d matter.
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.
19 Mar 15
ROBERT J. O'NEILL
Executive Director
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