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NAVY | BCNR | CY2006 | 09789-06
Original file (09789-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
                                    BO ARD FOR CORRECTION OF N/\V A L RECORDS
2 NAVY 1\NNEX
WASHINGTON DC 20370-5100


 WJH
Docket No. 9789-06
24 May 07

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD ICO
Ref:     (a) Title 10 U.S.C. 1552
         End:     (1)      DD Form 149 w/attachments
                  (2)      NPC memo 5420 Pers 44 of 10 Jan 07
                  (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 that Petitioner’s constructive service date of ENSIGN (01) was calculated under SECNAVINST 1120.5A of 14 May 1986 vice OPNAVINST 1120.11 of 29 December 2005.
2.       The Board, consisting of Messrs. Zsalman, George and Goldsmith, reviewed Petitioner’s allegations of error and injustice on 10 May 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 office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the 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 injustice warranting the following corrective action.









Docket No. 9789-06
RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

 a.       Petitioner’s constructive service credit is governed by SECNAVINST 1l20.5A of 14 May 1986.
b.       Petitioner’s constructive date of rank as ENSIGN is 4 June 2002.
c.       Petitioner was further promoted to the rank of LIEUTENANT (junior grade) on 4 June 2004.
d.       Petitioner was further promoted to the rank of LIEUTENANT on 1 July 2006.
e.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true complete record of the Board’s proceedings in the above entitled matter.
         
         ~
ROBERT D. ZSALMAN        WILLIAM J. HESS, III
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.




 24 May 2007

        
                                                      W. DEAN PFIEFFER
                                                      Executive Director
         
                 





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