DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
HD :hd
Docket No. 08949-09
22 October 2009
Prom: Chairman, Board for Correction of Naval Records
To: Secretary of.the Navy
Subj
REVIEW OF |
Ref: (a) 10 U.S.C, 1552
Encl: (1) DD Form 149 dtd 11 Aug 09 w/attachments
(2) -PERS-80 memo dtd 21 Sep 09
(3) 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 reflect he was promoted to lieutenant.
2. The Board, consisting of Ms. Nappo and Messrs. Lippolis and
Swarens, reviewed Petitioner's allegations of error and
injustice on 22 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 naval
record, appiicable 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 his request has merit and warrants
favorable action, specifically, correction of his record to show
he was promoted to Lieutenant effective 30 August 1959.
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 was promoted to lieutenant effective
30 August 1959.
b. That his DD Form 214 ("Armed Forces of the United States
Report of Transfer or Discharge") for his release from active
military service on 9 October 1959 be corrected to show his
grade (item 3.a) as lieutenant, rather that lieutenant junior |
grade; and his date of rank (item 3.b) as 30 August 1959, rather
than 12 April 1958.
c. That his record be corrected further to show his
discharge from the Naval Reserve on 23 November 1966 was in the
grade of lieutenant, rather than lieutenant junior grade.
d. 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.
e,. 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.
4 , 4 .
Porribie! ¢) [>A ONN
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.
Executive D or
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