DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 09767-09
10 January 2010
from: Chairman, Board for Correction of Naval Records |
To: Secretary of the Navy
Subj: !
REVIEW OF NAVAL RECORD
Ref; (a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 28 Aug 09 w/attachments
BUMED itr dtd 13 Oct 99 w/enclosure
PERS-80 memo dtd 11 Nov 09
PERS-80 e-mail dtd 4 Jan 10
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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 he was granted additional entry
grade credit for professional experience.
2. The Board, consisting of Ms. LeBlanc and Messrs. Grover and
_ McBride, reviewed Petitioner's allegations of error and
injustice on 7 January 2010, 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 enclosures (2) through (4), the Bureau of Medicine
‘and Surgery and Navy Personnel Command offices with cognizance
over the subject matter of Petitioner's case have commented to
the effect the request has merit and warrants favorable action,
specifically, correction of his record to show he was assigned a
Gate of rank of 17 December 2003, rather than 7 May 2004, on his
commission as a lieutenant junior grade in the Medical Service
Corps of the Naval Reserve; and further correction to show the
date of rank and effective date of his promotion to lieutenant
as 1 January 2006, rather than 1 June 2006.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) through
(4), the Board finds the existence of an error and injustice
warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show the
date of rank on his commission as a lieutenant junior grade,
Medical Service Corps, Naval Reserve as 17 December 2003, rather
than 7 May 2004.
b. That his record be corrected further to show his date of
rank and effective date in the grade of lieutenant as 1 January
2006, vice 1 June 2006; and that his lineal precedence be
adjusted accordingly.
c. That any material or entries inconsistent with or
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.
d. 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 ina
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.
Dora ¢, [loetye
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6le) 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
pehalf of the Secretary of the Navy.
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