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NAVY | BCNR | CY2007 | 07718-07
Original file (07718-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100




BAN
 Docket No. 07718-07
          5 June 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         Subj     REVIEW OF NAVAL RECORD I CO

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
 (2)      HQMC memo 1400 MMEA of 12 Dec 07
(3)      HQMC memo 1070 MNSB-13 of 1 Apr 08
(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 that the Petitioner’s original Date of Rank of 1 April 2006 be reinstated and that his Pay Entry Base Date (PEBD) of 20 January 1999 be reinstated.
2.       The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on 12 May 2008 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 enclosures (2) and (3), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the Petitioner’s Date of Rank and Pay Entry Base Date should be adjusted.
 Docket No. 07718-07 CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an injustice warranting the following corrective action.
RECO~ENDATION:
That Petitioner’s naval record be corrected, where appropriate, as follows:
a.       Petitioner’s record reflects a Date of Rank (DOR) to Staff Sergeant of 14 July 2006 and a Pay Entry Base Date (PEBD) of 3 May 1999.
b.       Petitioner’s request for his original PEBD and DOR were denied because he was not on active duty between 12 January 2007 and 27 April 2007.
c.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
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 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        WILLIAM J. HES S, , 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.
         

         5 June 2008     

W. DEAN PFEIFFER
Executive Director
2

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