DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 10927-08
2 April 2009
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Ri Won”
Subj: ¢ EM TT RN
REVIEW OF NAVAL RECO
RD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 30 Oct 08 w/attachments
(2) PERS-822 memo dtd 25 Feb 09 w/enclosures
(3) 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 his reinstatement to the grade of
lieutenant effective 1 October 2008.
2. The Board, consisting of Ms. Colbert and Messrs. Storz and
Tew, reviewed Petitioner's allegations of error and injustice on
2 April 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. 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 should be approved, as he voluntarily reverted to his
highest enlisted grade for the sole purpose of transferring to
the Fleet Reserve and was subsequently retained on active duty.
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 his reinstatement to the grade of
lieutenant effective 1 October 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.
ec. 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.
s
4
(POAREIPY Kf AEN
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.
“SAS GE
Foa_w. DEAN PRRIFFER
Executive Director
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