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NAVY | BCNR | CY2009 | 10796-09
Original file (10796-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

HD: hd
Docket No.. 10796-09
10 January 2010

 

From: Chairman, Board for Correction of Naval Records

   

To: Secretary of the Navy
Subj): “gl ee: 2

REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552

Enel: (1) DD Form 149 dtd 25 Sep 09 w/attachments
(2) PERS-80 memo dtd 10 Nov 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 that he accepted his commission as a
Lieutenant in the Dental Corps, United States Navy on 16 May
2008, rather than 10 October 2008; and that his active duty
start date was 14 September 2008, rather than 10 October 2008.

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 he
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 ail
administrative remedies available under existing law and ~
regulations within the Department of the Navy.

b. In correspondence at 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, but concluded that his
active duty start date should be adjusted to 13 September 2008,
rather than 14 September 2008 as he requested (because he was
entitled to one day of travel).

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 accepted his commission as a lieutenant,
Dental Corps, United States Navy on 16 May 2008, rather than
10 October 2008.

b. That his record be corrected further to show his active
duty start date as 13 September 2008, rather than 10 October
2008.

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.

Bove J. lle

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.

\DSwAZ, |

W. DEAN PFEYRI
Executive ret or

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