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NAVY | BCNR | CY2006 | 08501-06
Original file (08501-06.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. 08501-06
                                                                        15 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 13 Sep 06 w/attach~ment5
(2)      PERS-480 memo dtd 22 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 he accepted his commission as an ensign in the Navy Reserve on 4 November 2005, vice 2 June 2006.

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 ease has commented to the effect that Petitioner’s request has merit and warrants favorable action. They specifically recommended both his ensign date of rank, which is 10 May 2006, and his commissioning date, which is 2 June 2006, be adjusted to 4 November 2005.

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.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected, where appropriate, to show he accepted his commission as an ensign in the Navy Reserve on 4 November 2005, vice 2 June 2006.

b.       That his record be corrected further to show he was commissioned with an ensign date of rank of 4 November 2005, vice 10 May 2006; and that his lineal precedence be adjusted accordingly.

c.       That his anniversary date and pay entry base date be adjusted accordingly.

d.       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.


W. DEAN PFE IFFER
Executive Director















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