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NAVY | BCNR | CY2008 | 02810-08
Original file (02810-08.pdf) Auto-classification: Approved
. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 2810-08
25 July 2008

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

      

REVIEW OF NAVAL RECORD —
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 26 Feb 08 w/attachments
(2) MCRC memo dtd 23 Jun 08
(3) Subj’s naval record
1. Pursuant to the provisions of reference (a), Subject,

hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting that his

naval record be corrected by modifying the Marine Corps Total
Force System (MCTFS) data to show the date of rank and
acceptance date of his appointment to captain as 1 August 2002,

vice 1 October 2002.

2. The Board, consisting of Messrs. Butherus, J. Hicks and

Ivins, reviewed allegations of error and injustice on

24, July 2008, and pursuant to its regulations, determined that
relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.

b. In correspondence attached as enclosure (2), the Marine

Corps Recruiting Command has commented to the effect that
Petitioner’s request has merit and warrants favorable action.
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 warranting the following

corrective action.

RECOMMENDATION :

a. That Petitioner’s naval record be corrected by modifying
the MCTFS data to show the date of rank and acceptance date of
his appointment to captain as 1 August 2002, vice 1 October
2002; and that his lineal precedence be adjusted accordingly, if

necessary.

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.

Brnrtiw f. Be

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 P

Executive Dir °

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