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NAVY | BCNR | CY2009 | 01378-09
Original file (01378-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

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

 

HD:hd
Docket No. 01378-09
22 October 2009

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

sas
REVIEW OF NAVAL

Ref: {ay 10 U.S.C. 1552

Encl: (1) DD Form 149 dtd 15 Feb 09 w/fattachments
(2) BUMED ltr dtd 30 Sep 0g

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 the date of rank on his commission
as a lieutenant commander, Medical Corps, United States Navy
Reserve as 5 September 2004, rather than 5 September 2006.

2. The Board, consisting of Ms. Nappo and Messrs. Lippolis and
Swarens, reviewed Petitioner's allegations of error and
injustice on 22 October 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, 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 ag 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 enclosure (2), the Bureau of Medicine and Surgery
office with cognizance over the subject matter of Petitioner's
case has commented to the effect that his 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 existence of an error and injustice warranting the
following corrective action.

RECOMMENDATION: ie e

a. That Petitioner's naval record be corrected, where
appropriate, to show the date of rank on his commission as a
lieutenant commander, Medical Corps, United States Navy Keserve
as 5 September 2004, rather that 5 September 2006; 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.

Boetims ¢, ren
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.

Saas

W. DEAN PF
Executive ero

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