DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 00729-10
16 September 2010
From: Chairman, Board for Correction of Naval Records
To Secretary of the Navy
Subj:
IEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 9 Jan 10 w/attachments
(2) PERS-80 memo dtd 24 Feb 10
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 the date of rank and effective date of his spot promotion
to lieutenant commander as 7 May 2009, rather than 3 December 2009
2. The Board, consisting of Ms. Henkel and Messrs. Hess and Zsalman,
reviewed Petitioner's allegations of error and injustice on 16
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 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. In enclosure (2), the Navy Personnel Command office with
cognizance over the subject matter of this case has commented to the
effect it warrants partial relief, specifically, adjustment of his
date of rank and effective date to 16 November 2009.
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
limited corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show the date
of rank and effective date of his spot promotion to lieutenant
commander as 16 November 2009, rather than 3 December 2009.
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.
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.
da. That the remainder of Petitioner’s request be denied.
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
hatecer.
BPruan2 AY rs laf
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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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