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NAVY | BCNR | CY2005 | 06179-05
Original file (06179-05.doc) Auto-classification: Approved

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                                   HD:hd
                                                   Docket No. 06179-05
                                                   13 October 2005

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

Subj: ENS    NC, USNR
      REVIEW OF NAVAL RECORD

Ref:  (a)      10 U.S.C. 1552

End:  (1)      DD Form 149 dtd 15 Jul 05 w/attachments
         (2)      PERS-4801 memo dtd 23 Aug 05
         (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 change the date
of rank on his original appointment as an ensign, Nurse Corps, United
States Naval Reserve from 2 September 2004 to 7 July 2004.

2.    The Board, consisting of Messrs. Caron, Lippolis and Mann, reviewed
Petitioner’s allegations of error and injustice on 6 October 2005, 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 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 error warranting the following corrective action.

RECOMMENDATION:

     a.     That Petitioner’s naval record be corrected, where appropriate,
to change the date of rank on his original appointment as an ensign, Nurse
Corps, United States Naval Reserve from 2 September 2004 to 7 July 2004;
and that his lineal precedence be adjusted accordingly.

     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











                                      2







     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.




                                             W. DEAN PFEIFFER
                                             Executive Director























                                      3



                             DEPARTMENT OF THE NAVY
                          NAVY PERSONNEL COMMAND
                              5720 INTEGRITY DRIVE
                           MILLINGTON TN 38055-0000
                                                     5420
                                                     PERS-4801/0766
                                                     23 August 2005



     MEMORANDUM FOR    EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
                                            NAVAL RECORDS

     Via:   Assistant for BCNR Matters (PERS-3LC2)

      Subj: REQUEST FOR COMMENTS AND IN CASE OF ENSIGN

      Ref:  (a)  CNRC memo of 02 Mar 05
            (b)  NAVCRUIT 1070/3

     Encl:  (1) BCNR File 06179-05

     1.     Enclosure (1) is returned. Recommend Ensign date of rank be
     adjusted to 07 July 2004 to reflect his entry service credit.

     2. Per reference (a) and (b), Ensign      received 6 months and 25 days
     entry service credit to reflect civilian work experience. Due to an
     administrative oversight, his current date of rank does not reflect the
     service credit.




                                      Director, Officer Career
                                      Progression Branch

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