DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No, 00757-10°
28 January 2010
From: Chairman, Board for Correction of Naval Records
To: | Secretary of the Navy
Sub}:
REVIEW OF NAVAL RECORD:
Ref: - (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 20 Jan 10 w/attachment
(2) PERS-80 e-mail dtd 21 Jan 10
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 he was not commissioned as an .
officer in the Medical Service Corps, U. S. Navy (designator
2300) on 10 December 2009, but served continuously after that
date as an unrestricted line officer (designator 1310).
2. The Board, consisting of Mses. Countryman and Humphrey and
Mr. Vogt, reviewed Petitioner's allegations of error and =
injustice on 28 January 2010, 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 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 Petitioner's case has commented to the effect the request has
merit and warrants favorable action. That office specifically
recommended removing Petitioner's Officer Appointment Acceptance
and Oath of Office (NAVPERS 1000/4) he signed on 10 December
2009.
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 warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the Officer Appointment Acceptance and Oath of Office (NAVPERS
1000/4) he signed on 10 December 2009, so that his record will
reflect he served continuously after that date as an
unrestricted line officer (designator 1310).
b. 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.
q oo
ROBERT D, 4SALMAN 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.
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