S
LCC:ddj
Docket No: 5585-02
11 September 2002
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
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,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show advanced when first eligible.
2. The Board, consisting of Messrs.
Petitioner’s allegations of error and injustice on 10 September 2002 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.
McPartlin, Pfeiffer, and Ms. Hare, reviewed
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
Petitioner was given Non-Judicial Punishment (NJP) on 5 March 2001 by the
Commanding Officer of the USS Rhode Island which reduced the Petitioner to
Petitioner reported to COMSUBGRU 10 for duty 6 March 2001 and appealed the NJP to the
Commanding Officer of COMSUBGRU 10 who then suspended the reduction in grade for six
months. A substitute exam for advancement to
the Exam in April 2001 and was a selectee.
paygrade E-6 was ordered and Petitioner took
paygrade E-4.
C.
In July 2001 the CO of the USS Rhode Island wrote an evaluation on the Petitioner
which ended on 5 March 2001 and withdrew his recommendation for promotion. The
Petitioner received an evaluation for the period 6 March 2001 to 5 March 2002 giving him a
4.0 and recommended him for promotion.
Docket No: 3072-02
d. After reviewing the correspondence attached as enclosure
that the request has merit and warrants favorable action.
(2), the Board concluded
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.
Petitioner was advanced to
paygrade E-6 effective 16 December 2001.
b. 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
YSL-LG. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
5.
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions,
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
it is hereby announced that the
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