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NAVY | BCNR | CY2007 | 07778-07
Original file (07778-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVYANNEX
         WASHINGTON DC 2O37O-5100
                          



                           HD:hd
                                                       Docket No.07778—07
                                                      29 February 2008
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 13 Aug 07 w/attachments
 (2)     BUMED u n dtd ltr w/enclosures
 ( 3)     PERS - 822 memo dtd 1 Feb 08
          ( 4) Subject’ s naval record

Pursuant o f 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 give him entry grade credit (EGC) and active duty service credit for his period of active status as a non-Medical Corps commissioned officer from 25 May 2001 to 31 July 2003.
2.       The Board, consisting of Mses. Guill and Humberd and t~1ilcher, reviewed Petitioners allegations of error and injustice on 28 February 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 enclosure (2), the Chief, Bureau of Medicine and Surgery commented to the effect that Petitioner is entitled to additional EGC for the period in question, such that the date of rank on his Commission as a lieutenant, Medical Corps, should be changed from 7 June 2007 to 4 May 2006.
 c.       In correspondence attached as enclosure (3), the Navy Personnel Command officer retirements office commented to the effect that Petitioner’s record should show he was not in the Armed Forces Health Professions Scholarship Program (AFHPSP) from 25 May 2001 to 31 July 2003, but started AFHPSP on 1 August 2003; that he was appointed on 25 May 2001 as an ensign with a
 1965 (line officer under instruction as a Prospective Medical Corps officer (Medical/Osteopathic Scholarship Program) designator, rather than a 1975 (line officer under instruction in the AFHPSP (Medical/Osteopathic) designator; and that he accepted an ensign 1975 appointment on 1 August 2003. They stated this would allow them to grant Petitioner active duty credit for the period 25 May 2001 to 31 July 2003.
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 error and injustice warranting the following corrective action.
RECONNENDATION:
a.       That Petitioner’s naval record be corrected, where appropriate, to show the date of rank on his commission as a lieutenant, Medical Corps, as 4 May 2006, vice 7 June 2007; and that his lineal precedence be adjusted accordingly.
b.       That his record be corrected further by changing the
 acceptance date of his ensign 1975 appointment from 25 May 2001
to 1 August 2003; and entering an ensign 1965 appointment
reflecting an acceptance date of 25 May 2001.
c.       That his record be corrected further by adjusting his pay entry base date, active duty base date and active commissioning base date to reflect active duty credit for the period 25 May 2001 to 31 July 2003.
d.       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.
e.       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 PFE IFFER
 Executive Director






















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