‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ©
HD: hd
Docket No. 07205-0609
9 October 2009
_ From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: & 7 a
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Jul 09 w/attachments
: (2) PERS-80 memo dtd 29 Jul 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 by adjusting his captain date of rank and
effective date, 1 October 2009, to reflect selection by the
Fiscal Year (FY) 09 Staff Captain Selection Board, vice the FY
10 Staff Captain Selection Board. He also impliedly requested
removing his failure of selection by the FY 09 Staff Captain
Selection Board,
(2. The Board, consisting of Messrs. Dunn, Grover and Sproul,
reviewed Petitioner's allegations of error and injustice on
8 October 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, 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 case has.
commented to the effect that Petitioner's request has merit and
warrants favorable action. That office specifically recommended
adjusting his captain date of rank and effective date to 1 July
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 by removing
his failure of selection by the FY 09 Staff Captain Selection
Board.
b. That his record be corrected further to show his date of
rank and effective date in the grade of captain as 1 July 2009,
vice 1 October 2009; and that his lineal precedence 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.
4. Pursuant to Section 6(c) of the revised Procedures of- the
Board for Correction of Naval Records (32 Code of Federal
Reguiations, 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.
ROBERT D. 4SALMAN 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.
ROS Tp
FOTW, DEAN PFEIFFER
Executive Director.
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