DEPARTMENT OF THE NAVY
BOARD FOR CORREGTION OF NAVAL RECORDS
2 NAVY ANNEX HD -hd
WASHINGTON DE 20370-5100 Docket No. O7807-09
2 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj
REVIEW OF NAVAL RECORD
Ref: fa) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 23 Jul 09 w/attachments
(2) PERS-80 memo dtd 26 Aug 09
(3) PERS-802 e-mail dtd 27 Oct 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 she was not retired on 1 June 2009,
put continued on active duty after that date; and that she was
promoted, pursuant to her selection by the Fiscal Year (FY) 10
Reserve Line Full Time Support (FTS) Lieutenant Commander _
Selection Board, to the grade of lieutenant commander with a
date of rank and effective date of 1 October 2009.
2. The Board, consisting of Messrs. Ivins, Vogt and Zsalman,
reviewed Petitioner's allegations of error and injustice on
29 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, 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
having cognizance over subject matter of Petitioner's case has
commented to the effect the request has merit and warrants
favorable action.
c. Enclosure (3) verifies that Petitioner is correct in
giving 1 October 2009 as the date of rank and effective date she
would have received, had she been promoted pursuant to selection
by the FY 10 Reserve Line FTS Lieutenant Commander Selection
Board.
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 injustice warranting the
following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show she
was not retired on 1 June 2009, but served continuously on
active duty after that date; and that she be reinstated to
active duty accordingly.
b. That an appropriate administrative memorandum be entered |
in her fitness report record to cover the period from her
retirement to her reinstatement to active duty, for which she
received no fitness reports.
c. That her record be corrected further to show she was
promoted to lieutenant commander with a date of rank and
effective date of 1 October 2009; and that her lineal precedence
be adjusted accordingly.
d. That any material or entries relating to 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. .
e. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record,
4. 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. ,
Pout o fA Ex
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 cf 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.
TR OG
FAW DEAN PFEIFFER
Executive Director
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