DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION.OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 1-09
30 Apr 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
‘e
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CMC Memo 1400 MMPR-2 dtd 27 Feb 09
(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 promotion suspension was removed, promote to lance
corporal with a date of rank of 1 March 2008, return the pay that was
recouped because of an erroneous promotion.
2. The Board, consisting of Messrs. George, Pfeiffer, Zsalman,
reviewed Petitioner’s allegations of error and injustice on
6 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 office
having cognizance over the subject matter addressed in Petitioner’s
application has commented to the effect that the request has merit and
warrants favorable action.
CONCLUSTON
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2) pertaining to his
promotion to lance corperal. The Board opined that the recoupment of
money should not be waived because the Petitioner was not eligible for
Docket No. 1-09
promotion and should not have been promoted. the Board finds the
existence of an injustice warranting his promotion to lance corporal.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was promoted to paygrade E-3 effective
1 July 2008.
b. Ail other requests from the Petitioner were denied by the
Board.
c. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
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 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 WILLIAM J. HES 4h
Recorder Acting Recorder
Dis 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.
30 April 2009
W. DEAN PFE
Executive D or
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