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NAVY | BCNR | CY2007 | 09405-07
Original file (09405-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHIINGTON DC 2O370-5100



 HD hd
 Docket No. 09405-07
16 January 2008
From:    Chairman Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 REVIEW OF NAVAL, RECORD
Ref:     (a) 10 U.S.C. 1552
En~ 1) DO Form 3 49 dt d ( JR Dot: 07 w/attac h ments
 (2)      BUMED ltr dtd 7 Dec 07 w/enclosures
(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 retesting , in effect, that the applicable naval record be corrected by changing her “service entry date” to an earlier date to reflect credit for her master’s degree in education it is understood she is retesting , in effect, additional entry grade credit (EGC) for her degree.
2.       The Board, consisting of Ms. Huerd and Messrs. Boyd and Neuschafer, reviewed Petitioner’s allegations of error and injustice on 10 January 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 has commented to the effect Petitioner should receive two additional years of EGC because of her degree, changing her lieutenant date of rank from 21 May 2006 to 21 May 2004.





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 the date of rank on her Commission as a lieutenant, Medical Corps, U, S. Navy, as 1 May 2004, vice 1 May 2006; and that her 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 72 3.6(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 7 23.6(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 Di rector

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