DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 06046-10
3 February 2011
From: Chairman, Board for Correction of Naval Records
Dov Secretary of the Navy
5
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 May 10 w/attachments
(2) PERS-80 memo dtd 21 Dec 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 naval record of Subject, her
late husband, be corrected to show that on 6 June 1941, he was advanced
on the retired list to the grade of lieutenant junior grade (pay grade
0-2), with a date of rank of 3 June 1940.
2. The Board, consisting of Ms. Aldrich and Messrs. McBride and
Pfeiffer, reviewed Petitioner's allegations of error and injustice
on 3 February 2011, 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.
be In correspondence attached as enclosure (2), the Navy
Personnel Command office with cognizance over the subject matter of
this case has 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 enclosure (2), the Board finds the existence
of an error and injustice warranting the following corrective action.
RECOMMENDATION :
a. That Subject’s naval record be corrected to show that on
6 June 1941, he was advanced on the retired list to the grade of
lieutenant junior grade, withwa date of rank of 3 June 1940.
b. That any material or entries inconsistent with the Board's
recommendation be corrected, removed or completely expunged from
Subject’s naval 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 Subject’s naval record, and that another copy
of this report be returned to this Board, together with any material
directed to be removed from Subject’s naval 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.
Dadi baton
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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