DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
LCC: lc
Docket No:
27 February 2001
248500
_-
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) Series of Documents
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
flied enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show Petitioner signed his Officer Appointment Acceptance and Oath of Office
on the date he graduated from medical school and that he entered active duty on the date
following his graduation from the University of Vermont, College of Medicine, where he
Orthopaedic Surgery Residency Program. He had
was an orthopaedic surgery resident in the
received a Naval Active Duty Deferment (NADD) only until he graduated from orthopaedic
residency.
2. The Board, consisting of Messrs. Pfeiffer, Shy, and Ms. McCormick, reviewed
Petitioner’s allegations of error and injustice on 27 February 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. After reviewing the correspondence attached as enclosure
(2), the Board concluded
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
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
Docket No:
2485-O
a.
Petitioner signed his Officer Appointment Acceptance and Oath of Office on
“17 May 1992” vice “17 June 1992”. Petitioner’s Pay Entry Base Date should be established
as 17 May 1992 vice any other date.
b. Petitioner entered into active duty on “1 July 1997” vice “21 July
1992’Y Petitioner
had received a deferment from active only until he graduated from his residency training.
He graduated from his
College of Medicine on 30 June 1997 and he should have entered active duty on
1 July 1997..
orthopaedic residency program with the University of Vermont,
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
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.
27 February 2001
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