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NAVY | BCNR | CY2007 | 03368-07
Original file (03368-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100



 HD
Docket No. 03368-07
25 June 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         Subj:

Ref:     (a) 10 U.S.C. 1552

End:     (1) DD Form 149 dtd 5 Apr 07 w/ attachments
(2)      PERS-480 memo dtd 29 May 07
(3)      Subjects 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 the lineal position, date of rank, and effective date in the grade of lieutenant commander he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 05 Staff Lieutenant Commander Selection Board, which he missed, vice the FY 07 Staff Lieutenant Commander Selection Board. He currently has a lieutenant commander date of rank and effective date of 1 October
 2006.
2.       The Board, consisting of Messrs. Dawson, W. Hicks and Swarens, reviewed Petitioner’s allegations of error and injustice on 21 June 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 recommended adjusting his date of rank (and by implication, effective date) to 1 September 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 his date of rank and effective date in the grade of lieutenant commander as 1 September 2005, vice 1 October 2006; and that his lineal precedence be adjusted accordingly.
b.       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.
c.       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






































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