DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
HD :hd
Docket No. 05501-0939
6 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: tao
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: {1} DD Form 149 dtd 5 May 09 w/attachments
{2} PERS-822 memo dtd 14 Jul 09 w/ref (c)
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 his retirement on 1 November 2008
was in the grade of Chief Warrant Office 4 (CWO4), rather than
CWO3, as he was promoted to CWO4 effective 1 October 2008. He
Specifically requested that his DD Form 214 ("Certificate of
Release or Discharge from Active Duty") be corrected to show his
grade as CWO4, vice CWO3.
2. The Board, consisting of Messrs. Delorier, Pfeiffer and
Rothlein, reviewed Petitioner's allegations of error and
injustice on 6 August 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 enciosures 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 enclosure (2), the Navy Personnel Command office with
cognizance over the subject matter of Petitioner's request
commented to the effect it 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 his retirement on 1 November 2008 was in
the grade of CWO4, vice CWO3; and that his DD Form 214 be
corrected 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.
DowRed/ £, Ca7Bee
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.
LA |
Walk
Executive Dir
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