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NAVY | BCNR | CY2004 | 00384-04
Original file (00384-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 LCC
Docket No: 384-04
30 July 2004

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Ref:     (a) Title 10 U.S.C. 1552
End:     (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. Koman, Mimer, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 11 May 2004 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.       Petitioner’s case was considered earlier and denied because documentation was not furnished to support his allegation that a derogatory document was filed in the record when the record was briefed to the selection board. He has now submitted documentation to show that the derogatory document had not been removed from the record as directed. Once the document was removed he was selected for advancement the first time considered.
c.       After reviewing the correspondence attached as enclosure (2), the Board concluded that the request has merit and warrants favorable action.

Docket No. 3 84-04 CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds that since the Petitioner was selected for advancement the first time considered after the derogatory document has been removed that the effective date of his advancement should be backdated.

RECOMMENDATION:

That Subject’s naval record be corrected, where appropriate, to show that:

 a.       Petitioner was advanced to paygrade E-7 effective 16 August 2002.
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                                                     G.L. ADAMS
 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.


30 July 2004

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