DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51700 .
JSR
Docket No. 04738-0609
18 June 2009
From: Chairman, Board for Correction of Naval Records
To: - Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 7 Apr 09 w/attachments
(2) HOMC MMSR-5 memo dtd 5 Jun 09 w/enclosures
(3) Memo for record dtd 12 Jun 09
(4) 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 he was granted a commission in the
Marine Corps Reserve on 30 September 2008.
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, 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), MMSR-5, the
Headquarters Marine Corps office with cognizance over the
subject matter of this case, has commented to the effect that
Petitioner's request has merit and warrants favorable action.
¢. Enclosure (3) reflects that MMSR-5 specifically
recommended correcting Petitioner’s record to show that on 1
October 2008, he accepted a commission in the Marine Corps
Reserve as a major with a date of rank of 1 July 2007 (his date
of rank as a major in the Regular Marine Corps).
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (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 to show that
on 1 October 2008, he accepted a commission in the Marine Corps
Reserve as a major with a date of rank of 1 July 2007; and that
his lineal precedence be established accordingly...
b. That his anniversary date and pay entry base date be
established 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.
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.
Dov Tea dt. KEpAauaid
ROBERT D. 4ZSALMAN . JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority sét 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.
Executive Di
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