DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09763-07
31 January 2008
Chairman, Board for Correction of Naval Records
From:
To: Secretary of the Navy
REVIEW OF NAVAL RECOR
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 29 Oct 07 w/attachments
(2) PERS-80 memo dtd 3 Jan 08
(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 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 he would have been
assigned had he been promoted to that grade from the Fiscal Year
(FY) O07 Active Duty Lieutenant All Fully Qualified Officer List
(AFQOL), vice the FY 08 AFQOL (he missed consideration for FY
O07). He specifically requested adjusting his date of rank and
effective date from 1 November 2007 to 1 March 2007.
2. The Board, consisting of Messrs. Bowen, Dietrich and Morgan,
reviewed Petitioner's allegations of error and injustice on
31 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), PERS-80,
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 recommend approval of his request to change his date of
rank (and by implication, effective date) from 1 November 2007
to 1 March 2007.
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 as 1 March 2007, vice 1 November 2007; 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.
Prarie 4. Pre
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.
Fo2_ Ww. DEAN PFEIFFER
Executive Director
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