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NAVY | BCNR | CY2006 | 09253-06
Original file (09253-06.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. 09253-06
15 January 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
                   REVIEW OF NAVAL RECORD
         Ref:     (a) 10 U.S.C. 1552

 End:     (1) DD Form 149 dtd 6 Oct 06 w/attachments
 (2)      PERS-4911 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 he accepted his original appointment as a lieutenant in the Navy Reserve on 2 September 2005, vice 2 December 2005.
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.


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 original appointment as a lieutenant in the Navy Reserve on 2 September 2005, vice 2 December 2005.
b.       That his anniversary date and pay entry based date be adjusted accordingly.
c.       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.
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 PFEIFFER
 Executive Director












3
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILtINGTON TN 38055-0000

 IN REPLY REFER TO
5420
Pers-49l1
19 Dec 06
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL R ECORDS
Via:     Assistant for BCNR Matters (Pers-31C)
Subj:    REQUEST FO R COMMENTS AND RECOMMENDATIONS IN CASE OF
End:     (1) BCNR memo 5420 Pers-3lC of 27 Nov 06
1.       Enclosure (1) is returned with the following comments and recommendations concerning request to have the acceptance date on his Navy Reserve Oath of Office back-dated to 2 September 2006 and his Pay Entry Ease Date adjusted to show continuous service.
2. Based on the information I petition, we agree that there was an administrative oversight in the processing of his Oath of Office upon separation from the active duty on 1 September 2006.
3.       We recommend that the date of acceptance on the Oath of office be changed from 2 December 2006 to 2 September 2006. If request is approved, we will submit a corrected Oath o f Office and a corrected statement of service. We will also adjust his Pay Entry Base Date in the Inactive Officer Master File to reflect continuous service.
4.       If you have further questions concerning this matter, please contact Ms. Karen White at DSN 882-4491 or commercial (901) 874-4491.



Assistant Deputy Director
Navy R eserve Personnel Administration

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