DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
HD:hd
Docket No. 03973-0939
11 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: » en
REVIEW OF
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 6 Apr O09
(2) PERS-80 memo dtd 7 May 09
1. Pursuant to reference (a), Subject, hereinafter referred to
as Petitioner, filed enclosure (2) with this Board requesting,
that his naval record be corrected to show he accepted his
commission in the Navy Reserve without a break in service, so as
to be eligible for the Fiscal Year (FY) 10 Reserve Staff
Lieutenant Commander Selection Board, which convened on 10 June
2009. Since the Board did not consider his case until after
that board had convened, he may request consideration by a
special selection board for the FY 10 promotion board he missed.
2. The Board, consisting of Messrs. Butherus, Chapman and
Silberman, reviewed Petitioner's allegations of error and
injustice on 11 June 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, 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, Petitioner was discharged from the Regular Navy on
1 March 2009. He did not accept his commission in the Navy
Reserve until 6 April 2009, creating a break in service...
c. In correspondence attached as enclosure (2), the Navy
Personnel Command office with cognizance over the subject matter
of Petitioner's case commented to the effect 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:
a. That Petitioner's naval record be corrected, where
appropriate, to show he accepted his commission in the Navy
Reserve on 2 March 2009, vice 6 April 2009.
b. That his anniversary date and pay entry base date be
adjusted accordingly.
ec, 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.
d. 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.
LEAL! d. @roh WT
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.
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FeozrW. DEAN PFEIFFER
Executive Director
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