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NAVY | BCNR | CY2009 | 01045-09
Original file (01045-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD: hea
Docket No. 01045~-09
13 March 2010

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

    

Subj: pee eet <
REVIEW OF NAVAL. RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 Feb OS w/attachments

(2) Memo for Record dtd 6 Mar 10
{3) BUMED ltr dtd 27 Apr 09 w/enclosure and
PERS-80 memo dtd 22 Feb 10 w/attachment

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 awarded two years of entry
grade credit (EGC) for his master's of science degree in
physiology and biophysics. Enclosure (2) shows Petitioner
amended his application to request only one year of EGC and
acknowledged this correction would not affect his pay.

2. The Board, consisting of Messrs. Grover, McBride and Sproul,
reviewed Petitioner's allegations of error and injustice on

11 March 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 at enclosure (3), the offices within
the Bureau of Medicine and Surgery and Navy Personnel Command
with cognizance over the subject matter of Petitioner's case
have commented to the effect he should be awarded one year of
EGC for his master's degree, changing his lieutenant date of
rank from 18 May 2008 to 18 May 2007.

‘

CONCLUSION :

Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (3), 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 the date of rank on his commission as a
lieutenant, Medical Corps, U. S. Navy as 18 May 2007, rather
than 18 May 2008; and that his lineal precedence be adjusted
accordingly.

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.

c. 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.

Doythar d. [paler
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.

W. DEAN bF

Executive D

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