DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 02636-10
30 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: ee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 18 Feb 10 w/attachments
(2) PERS-831 memo dtd 9 Apr 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 he accepted his commission as an
ensign, U. S. Navy on 22 December 2009, rather than 10 January
2010, and by implication to show his ensign date of rank as
22 December 2009, rather than 7 January 2010.
2. The Board, consisting of Ms. Countryman and Messrs. Garst
and Lippelis, reviewed Petitioner's allegations of error and
injustice on 29 April 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 Petitioner's case
commented to the effect 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 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 an ensign,
U. S. Navy on 22 December 2009, rather than 10 January 2010,
b. That his record be corrected further to show his ensign
date of rank as 22 December 2009, rather than 7 January 2010;
and that his lineal precedence be adjusted accordingly.
c. That his pay entry base date be adjusted accordingly.
d. 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.
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.
Drv de. [Prater
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.
2 RP. os
Pex W. DEAN PFEIFFER
Executive Director
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