DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900 .
HD:hd
Docket No. 04155-09
18 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: 4 allie
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 Apr 09 w/attachment
(2) PERS-80 memo dtd 21 May 09
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 accepted his commission in the
Navy Reserve without a break in service. He also requested, in
the event he missed the Fiscal Year (FY) 10 Reserve Staff
Lieutenant Commander Selection Board because of his break in
service, consideration by a special selection board (SSB) for
the FY 10 promotion board. That promotion board convened on 10
June 2009, before the Board considered Petitioner's case, so he
did miss it. In light of the corrective action indicated below,
he may submit his SSB request via the Navy Personnel Command
(NPC) interactive webpage.
2. The Board, consisting of Messrs. W. Hicks, Swarens and
Washington, reviewed Petitioner's allegations of error and
injustice on 18 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, 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. Except as indicated in paragraph 1 above, 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 28
February 2009. He did not accept his commission in the Navy
Reserve until 3 April 2009, creating a break in service.
c. In correspondence attached as enclosure (2), the NPC
office with cognizance over the subject matter of Petitioner's
case commented to the effect that his request has merit and
warrants favorable action, specifically, correction of his
record to show he accepted his commission on 1 March 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 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 1 March 2009, vice 3 April 2009.
b. That his anniversary date and pay entry base date be
adjusted accordingly.
c. 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.
5S. 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.
y a
OVA so lB ES
ROBERT D. ZSALMAN JONATHAN S&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.
Wor \
W. DEAN PF
Executive D o
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