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NAVY | BCNR | CY2006 | 06047-06
Original file (06047-06.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. 06047-06
27 October 2006

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 10 Jul 06 w/attachments
(2)      Memo for record dtd 19 Oct 06
(3)      BUMED ltr dtd 24 Aug 06 w/enclosure
(4)      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 a lieutenant, Medical Corps from 1 May 2004 to a date “no earlier than 1 May 2002.” Enclosure (2) reflects he later amended his application to request adjustment to 26 May 2002.

2.       The Board, consisting of Ms. LeBlanc and Messrs. Boyd and Grover, reviewed Petitioner’ s allegations of error and injustice on 26 October 2006, 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 (3), the Bureau of Medicine and Surgery office with cognizance over the subject matter of Petitioner’ s case has commented to the effect that his request has merit and warrants favorable action. They specifically recommended adjusting his lieutenant date of rank to 26 May 2002.







CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (3), the Board finds the existence of an error and injustice 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 a lieutenant, Medical Corps from 1 May 2004 to 26 May 2002; 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, togetherwithanymaterial 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.









HD : hd
Docket No. 06047-06
19 October 2006
MEMORANDUM FOR THE RECORD



 Ref:     (a) PHONCON between subject officer and staff member held this date
1. This memorandum for the record is to document reference (a) in which greed with the advisory opinion obtain from Bureau of Medicine and Surgery recommending that his date of rank be changed to 26 May 2002 rather than 1 May 2004.































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