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NAVY | BCNR | CY2003 | 04876-03
Original file (04876-03.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 HD:hd
Docket No: 04876-03
21 August 2003


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

Subj:
REVIEW OF NAVAL RECORD

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 15 May 03 w/attachments
(2)      PERS-81 1A1 memo dtd 24 Jul 03
(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 by removing the service record page 11 (“Administrative Remarks”) (NAVPERS
1070/6 13) entry and the service record page 4 (NAVPERS 1070/604) entry reflecting his
advancement to DC2. Copies of the contested entries are at Tab A.

2.       The Board, consisting of Mses. Davies and Moidel and Mr. Zsalman, reviewed Petitioner’s allegations of error and injustice on 14 August 2003, 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 Navy Personnel Command (NPC) office with cognizance over the subject matter of this case has commented to the effect that Petitioner’s 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.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected by removing the service record page 11 (“Administrative Remarks”) (NAVPERS 1070/6 13) entry and the service record page 4 (NAVPERS 1070/604) entry reflecting his advancement to DC2.

b.       That any material or entries inconsistent with the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.

c.       That a copy of this Report of Proceedings be filed at an appropriate location in Petitioner’s naval record, and that another copy of this report be returned to this Board, together with any material directed to be removed from Petitioner’s record, for retention in a confidential file maintained for such purpose.

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.


ROBERT D. ZSALMAN                                   JONATHAN S. RUSKIN
Recorder                                                      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.






2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
         MILLINOTON TN 35055-0000
                  1430
          Ser 811A1/~16
         24 Jul 03


 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via:     Assistant for BCNR Matters (PERS-OOXCB)
         Subj:

 Ref:     (a) BUPERSINST l430.l6E
End:     (1) BCNR file
1.       Based on policy and guidelines established in reference (a),enclosure (1) is returned recommending approval.

 2. Based on a review Petty Officer XXXX master record there is no evidence that he was ever a rated Damage Controlman. It is recommended that the original NAVPERS 1070/604 and NAVPERS 1070/613 listing his advancement to DC2 be purged from his record.



By direction

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