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NAVY | BCNR | CY2006 | 08791-06
Original file (08791-06.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. 08791-06
                                                                                                  
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 15 Sep 06 w/attachments
(2)      PERS-480 memo dtd 21 Dec 06
(3)      BUMED ltr dtd 24 Oct 06
(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 show he accepted his commission as a lieutenant in the Dental Corps on 6 June 2002, vice 29 June 2006.

2.       The Board, consisting of Messrs. Cooper, Lippolis 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 adjusting his lieutenant date of rank and acceptance date to 6 June 2002. Enclosure (3) shows that his lieutenant date of rank has been established as 6 June 2002, so no adjustment is necessary.






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 a lieutenant in the Dental Corps on 6 June 2002, vice 29 June 2006; and that his pay entry base date 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.



         W. DEAN P EIFFER
Executive Director













2
DEPARTMENTOFTHE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-480/ 1007
21 Dec 2006

MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: Assistant for BCNR Matters (PERS-31C)

Subj:    REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF


End:     (1) BCNR File 08791-06

1. Forwarded, recommending approval.

2. Recommend approval to have his date of rank for Lieutenant adjusted to 6 June 2002 and that
he be reimbursed for the difference in pays and allowances. Per
         date of rank should coincide
with his commissioning date and graduation date of 6 June 2002.
        
        




        
Director, Officer Career
Progression Branch




















DEPARTMENT OF THE NAVY
BUREAU OF MEDICINE AND SURGERY
2300 E STREET NW
WASHINGTON DC 20372-5300


                                                      1120
                                                                                                   Ser M1/06UM1218
                                                                                                  
24 Oct 06

From:    Chief, Bureau of Medicine and Surgery
To:      Board for Correction of Naval Records
        

         Ref:     (a) PHONCON between LCDR , NAVMED MPT&E and PERS-480.


1. Reference (a) revealed tha t official date of rank is June 6, 2002. Enclosure (1) is being returned recommending that it be forwarded to PERS-480 for confirmation.

2.       Your point of contact is Lieutenant Commander R. Woolfolk, MSC, USN, who may be reached at DSN 295-1780 or 301-295-1780.






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