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NAVY | BCNR | CY2008 | 00285-08
Original file (00285-08.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100


                                     HD
                                    Docket No 00285-0 8
                                    29 February 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
End:     (1) D D Form 149 dtd 19 Dec 07 w/attachments
 (2)      PERS-80 memo dtd 14 Feb 08
 (3)      Subjects 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 adjusting the date of rank on his commission as a lieutenant, Medical Corps, which is
 16 May 2004, to reflect entry grade credit for his two months and two days of prior service as a line officer,
2.       The Board, consisting ot Mses. Guill and Humberd and Wilcher 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 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 corrective action, specifically recommending that his date of rank be changed to 15 April 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 his commission as a
lieutenant, Medical Corps, as 15 April 2004, vice 16 May 2004;
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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