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NAVY | BCNR | CY2009 | 00557-09
Original file (00557-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 00557-09
8 April 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) HOMC memo 1600 CMT of 10 Mar Oo9
(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 Rank (DOR)
be corrected to show an effective date of 2 February 2003.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George
reviewed Petitioner’s allegations of error and injustice on

6 April 2009 and, pursuant to its regulations, determined that the
partial 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
Petitioner’s request warrants partial relief as described below.
Docket No. 00557-09
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 injustice warranting the following
partial corrective action.

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate,
as follows:

a. Petitioner’s Date of Rank (DOR) to Sergeant be
corrected show an effective date of 3 July 2007, vice 23 July

2007.

b. Petitioner’s request for further backdating of DOR is
denied for the reasons stated in enclosure (2).

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.

[ibn AWE

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.

8 April 2009 

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