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NAVY | BCNR | CY2006 | 11082-06
Original file (11082-06.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. 11082-06
9 January 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Ref:     (a) 10 U.S.C. 1552

End:     (1) DD Form 149 dtd 17 Oct 06 w/attachments
(2)      CNRC memo dtd 17 Dec 06

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 the date of rank and acceptance date of his original appointment as an ensign in the Regular Navy from 16 October 2006 to 15 September 2006.

2.       The Board, consisting of Ms. Nofziger andMessrs. Bowen and Dawson, reviewed Petitioner’ s allegations of error and injustice on 5 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 Commander, Navy Recruiting 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.



RECOM M ENDATION:
a.       That Petitioner’ naval record be corrected, where appropriate, to show the date of rank and acceptance date of his original appointment as an ensign in the Regular Navy as 15 September 2006, vice 16 October 2006; 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 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.



          DEAN PFEIFFER
          Executive Director





















DEPARTMENT OF THE NAVY
- NAVY RECRUITING COMMAND
~722 INTEGRITY DR.
         MILLINGTON, TENNESSEE 38054-5057        

                  IN REPLY REFER TO





MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
From:    Commander, Navy Recruiting Command
Erich (1) DD FORM 149
 (2) Letter from Commanding Officer, Officer Training Command Pensacola
mpleted all requirements to graduate with Officer Candidate School class 18-06 on 15 September 2006. However, he was not able to commission with his class due to an error by CNRC 4 Title 10, United States Code, requires that the President appoint Active Duty List (ADL) officers to the grades of lieutenant and below. This appointment has been delegated to the Secretary of Defens e n ot placed on an OSD approved scroll list correctly which cause him to wait until 16 October 2006 for an approved scroll list to c ommission. Had CNRC submitted his name correctly, he would have commissioned with his class on 15 September.
2.       ‘s re q uesting that you back date his date of rank to 15 September 2006. newly commission, he does not have a service record established




                                                                        By direction

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