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NAVY | BCNR | CY2006 | 05054-06
Original file (05054-06.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. 05054-06
15 January 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Ref:    (a) 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 31 May 06 w/attachments
 (2)      PERS-480 memo dtd 19 Dec 06
(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 his 20 May 2006 commissioning in the Medical Service Corps was in the grade of lieutenant (pay grade 0-3), vice lieutenant junior grade (pay grade 0-2).
2.       The Board, consisting of Messrs. Cooper, Hess and Zsalman, reviewed Petitioner’s allegations of error and injustice on 11 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 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. They specifically recommended his lieutenant date of rank be established as 5 May 2006, his current date of rank as a lieutenant junior grade.
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 and injustice warranting the following corrective action.


REC OMMENDATION :
a.       That Petitioner’s naval record be corrected, where appropriate, to show his 20 May 2006 commissioning in the Medical Service Corps was in the grade of lieutenant, vice lieutenant junior grade, leaving his date of rank as 5 May2006; and that his lineal precedence be adjusted accordingly.
b.       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.








FO R W. DEAN P F E IFFER
 Executive Director





2






D EPARTM ENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
 PERS - 480/ 0998
 19 Dec 2006

MEMORANDUI4 FOR  EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)

 Subj:    REQUEST FOR COM~4ENTS AND RECOM~4ENDATION I CASE OF
End:     (1) BCNR File 05054-06
1. Forwarded, recommending approval.

 2. Recommend approval of request to have his date of rank for Lieutenant adjusted to 5 May 2006 and that he be reimbursed for the difference in pays and allowances. Per enclosure should have been granted entry grade credit of four years to reflect his prior education.


Dire ctor , Officer Career
 Program Branch

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