DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 00106-09
20 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1430 Ser 811/077 of 2 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 that Petitioner’s date of advancement be restored to E-6/SH1
effective 16 January 2005, with a Time in Rate date of 1 January 2005,
and that Petitioner received a suspended reduction in rate vice an
unsuspended reduction in rate from a nonjudical punishment (NUP) held
on 24 January 2008.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George
reviewed Petitioner’s allegations of error and injustice on
16 March 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.
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
Docket No. 00106-09
existence of an injustice warranting the following corrective action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner’s page 7 for the NJP held on 24 January 2008,
reflects a suspended reduction in rate, vice an unsuspended reduction
in rate.
b. Petitioner’s record will now show an original rank of E-6/SH1
with an effective date of 16 January 2005, and a Time in Rate date of
1 January 2005.
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. HESS, III
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.
20 March 2009
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