DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9803-09
16 September 2010
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
Subj:
REVIEW OF NAVAL RECO
Ref: (a) Tite LO U.S-@. L552
Enel: (1) Subject’s DD Form 149 dtd 18 Aug 09 w/attachments
(2) HOMC JAM3 memo dtd 25 Aug 10
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board, in effect, that
the applicable naval record be corrected by adjusting the date
of rank and effective date of his promotion to sergeant from 1
March 2006 to 1 August 2003.
Frreviewed allegations of error and injustice on 14
September 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, naval
records, and applicable statutes, regulations and policies.
7. The Board, consisting of Messrs Se ore ..:
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 which were available under existing law
and regulations within the Department of the Navy.
b. In enclosure (2), the Headquarters Marine Corps
Military Law Branch, Judge Advocate Division, has commented to
the effect that Petitioner's request has merit and warrants
favorable action. This advisory states that although he was
reduced to corporal as a result of a special court-martial, the
reduction was suspended for a period of one year and was never
vacated, so he was technically never reduced.
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 to show his date of
rank and effective date in the grade of sergeant as 1 August
2003, vice 1 March 2006.
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.
Ge That any material directed to be remove 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 his record.
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.
ROBERT D. ZSALMAN BRIAN J. GEORGE
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.
W. DEAN PFE
Executive Di
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