DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 5054-01
24 July 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
CMC memorandum 1410 PAC of 2 May 2001
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 promoted when first eligible.
2. The Board, consisting of Messrs. Chapman, Exnicios, and Hare, reviewed Petitioner’s
allegations of error and injustice on 24 July 2001 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,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
Docket No:
5054-01
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a. On 15 February 2001 the Convening Authority disapproved Petitioner’s courts
martial of 21 December 1999. At that time his original date of rank in paygrade,E-2 of
16 February 1999 was assigned.
b. Petitioner was promoted to
paygrade E-3 effective 1 November 1999.
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
Recorder
c,cbh~
G. L. ADAMS
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.
24 July 2001
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