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NAVY | BCNR | CY2009 | 12694-09
Original file (12694-09.pdf) Auto-classification: Approved
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DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

BAN
Docket No. 12694-09
22 February 2010

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO i
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments

(2) NPC memo 1430 Ser 811/053 of 21 Jan 10
(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 the applicable naval record be corrected
to show that Petitioner was advanced to HM3/E-4 from the September
2008 Navy-wide cycle 200 advancement exam.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George
reviewed Petitioner's allegations of error and injustice on

22 February 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.

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 attached as enclosure (2), the office having
cognizance over the subject matter addressed in Petitioner's application
has commented to the effect that the 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
Docket No. 12694-09
existence of an injustice warranting the following corrective action.
RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, as
follows:

a. Petitioner’s record is to reflect advancement to HM3/E-4 from

the September 2008, cycle 200 Navy-wide advancement exam effective ¥

16 June 2009, with a Time In Rate date of 1 January 2009.

b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.

4. Pursuant to Section 6(¢) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) it ig certified that 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 WILLIAM J. HESS, III
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.

22 February 2010 Lon \

W. DEAN PFEARF
Executive Dikéctor

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