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NAVY | BCNR | CY2006 | 07567-06
Original file (07567-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASF-HNGTON DC 20370-5100





 HD : hd
 Docket No. 07567-06
16 October 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    MC, USN, R EVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 21 Aug 06 w/attachrnents
 (2)      PERS-480 memo dtd 26 Sep 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 by amending his original appointment as a lieutenant commander (pay grade 0-4), Medical Corps (MC), U. S. Navy (USN) to change the grade to commander (pay grade 0-5) and the date of rank from 5 August 2000 to 9 December 2005, leaving unchanged the acceptance date of 9 December 2005; and that his lineal position be adjusted accordingly.
2.       The Board, consisting of Ms. Nofziger and Messrs. Dawson arid Pfeiffer, reviewed Petitioner’s allegations of error and injustice on 13 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.       On 9 December 2005, Petitioner accepted original appointment as a lieutenant commander, MC, USN, with a date of rank of 5 August 2000. On 28 July2006, he accepted a superseding original appointment as a commander, MC, USN, with a date of rank of 19 May 2006. Only
 the lieutenant commander appointment appears in his record. Petitioner contends it was an error that he was initially appointed a lieutenant commander.
c.       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, as he should have been granted 16 years of entry grade credit.
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 by amending his original appointment as a lieutenant commander, MC, USN to change the grade to commander and the date of rank from 5 August 2000 to 9 December 2005, leaving unchanged the acceptance date of 9 December 2005; 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 7 23.6(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

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