DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
HD :hd
Docket No. 07864-08
21 January 2009
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 5 Aug 08 w/attachments
(2) PERS-822 memo dtd 20 Oct 08
(3) Subject's ltr dtd 25 Nov 08 w/enclosure
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 Petitioner's reversion to his
permanent warrant officer status was effective 1 June 2008, vice
1 July 2008.
2. The Board, consisting of Mses. LeBlanc and Wilcher and Mr.
Sproul, reviewed Petitioner's allegations of error and injustice
on 15 January 2009, 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. Enclosure (1) was filed in a timely manner.
ec. According to Article 1100-060 the Navy Military
Personnel Manual, Petitioner's request for reversion should have
been submitted to reach the Navy Personnel Command (NPC) a
minimum of three months in advance. He says his command assured
him the requisite paperwork would be submitted for him when the
time came. He says after he had spoken with his community
manager, he submitted his request for a 1 June 2008 reversion on
17 April 2008. It was approved for 1 July 2008, rather than
1 June 2008 as Petitioner had requested.
d. In correspondence attached as enclosure (2), the NPC
officer retirement office commented to the effect Petitioner's
request should be disapproved, as his reversion request was not
submitted until 17 April 2008, and it did not reach NPC until
13 May 2008.
e. In enclosure (3), the Director, Naval Reactors
recommended approving Petitioner's request, as his staff "did
not properly follow up with the reversion request requirements
to him [Petitioner], nor did they submit the appropriate
paperwork in the appointed time frame as they had obligated
themselves to do..."
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding enclosure (2), and particularly in light of the
supporting statement at enclosure (3), the Board finds an
injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected, where
appropriate, to show his reversion to his permanent warrant
officer status was effective 1 June 2008, vice 1 July 2008.
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. It is certified that a quorum as 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.
J Mey ao a, AES, ? ONY
ROBERT D. ZSALMAN JONATHAN S. RUSKIN .
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN PFE
Reviewed and approved:
Qass Car
“v- G-O%
Robert T. Cali
Assistant General
Manvower and Reserve Affairs)
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