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NAVY | BCNR | CY2006 | 02628-06
Original file (02628-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
2 NI\VY ANNEX
WASHINGTON DC 20370-5100


HD:hd
Docket No. 02628-06
8 January 2007

From:    Chairman, Board for Correction of Naval Records’
To:      Secretary of the Navy
         Subj:     REVIEW OF NAVAL RECORD
         Ref:     (a) 10 U.S.C. 1552

End:     (1) DD Form 149 dtd 27 Feb 06 w/attachments
(2)      BUMED ltr dtd 5 Dec 06 w/worksheet
(3)      PERS-4802 e-mail dtd 18 Dec 06

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 he received entry grade credit for his work experience before he was commissioned as a lieutenant in the Medical Service Corps.

2.       The Board, consisting of Ms. Nofziger andMessrs. Bowen and Dawson, reviewed Petitioner’ s allegations of error and injustice on 5 January 2007, 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 enclosures (2) and (3), the offices with cognizance over Petitioner’s case have commented to the effect that his request has merit, and that the date of rank on his commission should be changed from 21 March 2005 to 21 March 2003.


CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of enclosures (2) and (3), the Board finds an error and injustice warranting the following corrective action:




RECO M MENDAT ION:

a.       That Petitioner’s naval record be corrected, where appropriate, to show the date of rank on his commission as a lieutenant in the Medical Service Corps as 21 March 2003, vice 21 March 2005; 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

5. Pursuant to the delegation of authority set out in Section 6(ë) 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



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