BPEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 12643-09
7 January 2010
From: Chairman, Board for Correction of Naval Records
oe Secretary of the Navy
Subj: i a
, REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 11 Nov 09 w/attachments
' (2) HOMC MMOA-3 memo dtd 30 Dec 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 his naval record be
corrected to show the acceptance date and date of rank on his
commission as a second lieutenant (pay grade O-1) as 5 January
2008, rather than 15 December 2007.
2, The Board, consisting of Ms. LeBlanc and Messrs. Grover and
McBride, reviewed Petitioner's allegations of error and
injustice on 10 December 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, naval
records, and 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. Petitioner had status as an OCAN (officer candidate),
United States Marine Corps Reserve (USMCR) from 2 June 2007 to
the day before he accepted his officer commission.
c. Petitioner was promoted to first lieutenant (pay grade
0-2) with a date of rank and effective date of 15 December 2009.
With a second lieutenant date of rank of 5 January 2008, he
would have been promoted to first lieutenant with a date of rank
and effective date of 5 January 2010.
d. In correspondence attached as enclosure (2), the
Headquarters Marine Corps office with cognizance over the
subject matter of this case has commented to the effect that
Petitioner's 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) and
paragraphs 3.b and c above, 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
acceptance date and date of rank on his commission as a second
lieutenant as 5 January 2008, rather than 15 December 2007.
Implementation is to include the following:
(1) Change Petitioner's NAVMC 763, block Sb (“Date
of Rank”), from “07 12 15” to “O08 O01 05.”
(2) Make a unit diary correction with the new second
lieutenant date of rank effective 5 January 2008.
b. That his record be corrected accordingly to show his
date of rank and effective date in the grade of first lieutenant
as 5 January 2010, rather than 15 December 2009; and that his
lineal precedence also be adjusted accordingly.
c. That his record be further corrected accordingly to show
he served as an OCAN, USMCR from 2 June 2007 to 4 January 2008,
rather than 2 June 2007 to 14 December 2007. Implementation is
to include changing the NAVMC 763, biock 21 (“Prior Service”),
line 2, from “USMCR(C) OCAN 07 06 02 07 12 14" to “USMCR (C)
OCAN 07 06 02 908 O1 04.”
d. 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.
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.
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