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NAVY | BCNR | CY2010 | 02369-10
Original file (02369-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

 

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

Docket No. 02369-10
18 November 2010

From: Chairman, Board for Correction of Naval Records
Maw Secretary of the Navy

   

pees
SSS =

a

 
  

    

Subj: i
REVIEW OF NAVAL RECORD

Ref: (a) 10 ULS.c. 1552

Ene 1% (1) DD Form 149 dtd 23 Feb 10 w/attachment

(2) HOMC CMT memo dtd 12 Jul 10

(3) HOMC MMSR-5 memos dtd 28 Jul 10 w/enclosure
and 8 Oct 10

) HOMC MMOA-3 memo dtd 16 Sep 10

) HOMC RCT memo dtd 18 Oct 10

) Subject’s ltr dtd 17 Nov 10

) 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 change the acceptance date of her
commission as a first lieutenant in the Marine Corps Reserve
from 3 June 2009 to 16 December 2007, the day after her
discharge from the Regular Marine Corps; change the date of rank
on her commission from 28 March 2007 to 19 December 2005 (the
date of rank she was originally assigned); change her expiration
of obligated service (EOS) date from 20 January 2003 to 18
December 2011; and change the separation code associated with
her discharge on 15 December 2007 from KBK1 (voluntary discharge
(completed obligated service) to MBK1 (release from active duty
(remaining obligated service)).

2. The Board, consisting of Messrs. Dunn, Garst and Grover,
reviewed Petitioner's allegations of error and injustice on 18
November 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 all
administrative remedies available under existing law and
regulations within the Department of the Navy.

b. In correspondence attached as enclosures (2) through
(5), the Headquarters Marine Corps offices with cognizance over
the subject matter of this case have commented to the effect
that Petitioner's requests concerning the acceptance date of her
commission and her date of rank have merit and warrant favorable
action, but that her requests regarding EOS and separation code
should be denied.

 

 

@. Enclosure (6) is Petitioner’s comment on enclosure (4).
CONCLUSION:

Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) through
(5), 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 by changing
the acceptance date of her commission as a first lieutenant in
the Marine Corps Reserve from 3 June 2009 to 16 December 2007.

b. That her pay entry base date and anniversary date be
adjusted accordingly.

c. That her record be corrected further by changing the
date of rank on her commission in the Marine Corps Reserve from
28 March 2007 to 19 December 2005; and that her lineal

precedence be adjusted accordingly.

da. 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.

e. 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.

f. 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 matter.
Drester h Mnatets,

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.

me DEAN PFEIFFER
Executive Director

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