DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 03599-08
15 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): <7 a ee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 27 Mar 08 w/attachments
(2) PERS-911 memo dtd 21 May 08
(3) Subject's e-mail dtd 23 Aug 08 w/attachment
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(4) PERS-802 e-mail dtd 3 Sep 08
(5) 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 date of rank on his commission
as a lieutenant, U. S. Navy Reserve, as 1 June 2002, vice
11 February 2003; and that the date of rank and effective date
of his promotion to lieutenant commander be adjusted from
1 September 2008 to 1 April 2008. He also impliedly requested
that the acceptance date of his commission be changed from
11 May 2006 to 2 July 2005.
2. The Board, consisting of Messrs. Hess, Pfeiffer and Zsalman,
reviewed Petitioner's allegations of error and injustice on
11 September 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 (NPC) Reserve Personnel Administration
Division commented to the effect that Petitioner's request has
merit. They further recommended that a DD Form 215 be issued to
correct block 23 ("Type of Separation") on his DD Form 214
("Certificate of Release or Discharge from Active Duty"), which
documents his separation on 1 July 2005, to show "resigned" vice
"released from active duty."
c. In enclosure (3), Petitioner advised he had been
promoted to lieutenant commander with a date of rank and
effective date of 1 September 2008.
d. In enclosure (4), the NPC officer promotion office
advised that if Petitioner had not had any break in service, he
would have received a lieutenant commander date of rank and
effective date of 1 May 2008, rather than 1 April 2008 as
Petitioner requested.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (4),
the Board finds the existence of an error and injustice
warranting the following limited corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, to show he accepted his commission as a lieutenant
U. S. Navy Reserve on 2 July 2005, vice 11 May 2006.
b. That his pay entry base date and anniversary date be
adjusted accordingly.
c. That his record be corrected further to show the
lieutenant date of rank on his commission as 1 June 2002, vice
11 February 2003.
d. That his record be corrected further to show the date of
rank and effective date of his promotion to lieutenant commander
as 1 May 2008, vice 1 September 2008; and that his lineal
precedence be adjusted accordingly.
e. That his record be corrected further by filing a DD Form
215 reflecting that block 23 ("Type of Separation") on his DD
Form 214 documenting his separation on 1 July 2005 should show
"resigned" vice "released from active duty."
f. 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.
g. 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.
h. That the remainder of Petitioner's request be denied.
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.
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