DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 07181-08
12 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 Jul 08 w/attachments
(2) PERS-811 memo dtd 14 Aug 08
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 a performance mark average (PMA) of
"4.0" vice "3.9" and a final multiple of "179.23" vice "173.23"
on the advancement profile sheet for advancement to MU2 (pay
grade E~5) from the Cycle 195 March 2007 examination; and that
his MU2 effective date and time in rate date, 16 April 2008 and
1 January 2008, respectively, be backdated to reflect
advancement from that cycle.
2. The Board, consisting of Messrs. Hess, Pfeiffer and Zsaliman,
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 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
changing his PMA as requested, awarding him 84 (vice 78) PMA
points accordingly, and backdating his MU2 effective date to
16 September 2007 and time in rate date to 1 July 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, by modifying the advancement examination profile
sheet for the Cycle 195 March 2007 advancement examination to
show a PMA of "4.0" vice "3.9," award him 84 vice 78 PMA points,
and show a final multiple of "179.23" vice "173.23."
b. That his record be corrected further by changing his MU2
effective date from 16 April 2008 to 16 September 2007, and his
time in rate date from 1 January 2008 to 1 July 2007.
c. 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.
d. 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.
Executive Dir
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