DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 09601-09
2 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : ee eee ae
REVIEW OF NAVAL ORD
Ref: (a) 10 U.S.C. 1552
Fnel: {1) DD Form 149 dtd 10 Jun 09 w/attachments
(2) PERS-80 memo dtd 14 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 the date of rank on his commission
as a lieutenant commander in the Navy Reserve as 26 September
2008 (the date he accepted the commission), rather than
8 January 2004 (his date or rank in the Air Force Reserve).
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 with
cognizance over the subject matter of Petitioner's case has
commented to the effect his request 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 injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, to show the date of rank on his commission as a
lieutenant commander in the Navy Reserve as 26 September 2008,
rather than 8 January 2004; and that his lineal precedence be
adjusted 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.
Porth d, (M2A4e~
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.
ae Ofte —
mop _ W. DEAN BIFFER
Executive’ Director
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