DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 03942-09
8 March 2610
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO ay
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) NPC memo 1430 Ser 911/068 of 26 Jan 2010
(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 was advanced to E-2 effective 30 May 2007, E-3
effective 21 November 2007," and E-4 effective 16 May 2008,
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios
reviewed Petitioner's allegations of error and injustice on
8 March 2010, 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.
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.
Docket No. 03942-99
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner's record is to reflect advancement to pay grade E-2
with an effective date of 30 May 2007, pay grade E-3 with an effective
date of 16 March 2008, and pay grade E~4 with an effective date of
16 January 2009 with a Time in Rate date of 1 January 2009.
b. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied.
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,
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6 (fe)
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 March 2010
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