DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20870-5100
HD: ha
Docket No. 65321-10
30 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: {1} DD Form 149 dtd 1 May 10 w/attachments
(2) BUMED ltr dtd 25 May 10
(3) PERS-831 memo undtd
i. 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 by changing the date of rank on his commission as a
lieutenant (pay grade ©-3), Medical Corps, United States Navy from
20 May 2006 to 20 May 2004; and that he be promoted to lieutenant
commander (pay grade O-4) with the date of rank and effective date
he would have received, had he been considered and selected by the
Fiscal Year (FY) 10 Staff Lieutenant Commander Selection Board as
an officer in the promotion zone, rather than an officer below the
zone.
2. The Board, consisting of Mses. Countryman and Guill and.Mr.
Storz, reviewed Petitioner's allegations of error and injustice on
29 July 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. Except as indicated in paragraph 3.b below, before applying
to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department
of the Navy.
b. Inenclosures (2) and (3), the Bureau of Medicine and Surgery
and Navy Personnel Command offices with cognizance over the subject
matter of Petitioner's case commented to the effect his lieutenant
date of rank should be changed as he requests. Enclosure (3) stated
that he was considered and not selected by the FY 10 Staff Lieutenant
Commander Selection Board as an officer below the promotion zone;
that he was considered by the FY 11 promotion board as an officer
in the zone; and that if he is promoted pursuant to selection by that
promotion board, he may submit a new application for backdating to
FY 10.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3), 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, by changing the date of rank on his commission as a
lieutenant, Medical Corps, U. 8. Navy from 20 May 2006 to 20 May 2004;
and that his lineal precedence be adjusted accordingly.
b. That any material or entries inconsistent with or relating
to 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 any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of this
Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made ‘a
part of Petitioner's naval record.
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.
Donathen) fo probin
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.
et PO a
“WwW. DEAN PFPELTPFER
Executive Director
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