DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06256-10
15 October 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: a Z
REVIEW OF NAVAL RECORD
Ref: (a) 160 U.S.C. 1552
Encl: (1) DD Form 149 dtd 8 Jun 10 w/attachments
(2) BCNR Rept of Proceedings, Docket No. 02822-09
dtd 5 Jun 09 less enclosures
(3) PERS-80 memo dtd 25 Jul 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 lineal position, date of rank, and effective
date in the grade of commander he would have been assigned had he
been selected for promotion to that grade by the Fiscal Year (FY)
10 Line Commander Selection Board, vice the FY 11 Line Commander
Selection Board. He also impliedly requested removing his failure
of selection by the FY 10 Line Commander Selection Board.
2. The Board, consisting of Messrs. Butherus, Garst and Sproul,
reviewed Petitioner's allegations of error and injustice on
14 October 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. Enclosure (2) shows that in Petitioner's prior case, this
Board directed removing a fitness report from his record on 29 May
2009. He was considered by the FY 10 Line Commander Selection Board,
convened on 10 February 2009, with an uncorrected record and he failed
of selection. After his record had been corrected, he was considered
and selected by the FY 11 Line Commander Selection Board, and he was
promoted with a date of rank and effective date of 1 October 2010.
c. In enclosure (3), the Navy Personnel Command office with
cognizance over the subject matter of Petitioner’s request commented
to the effect the request has merit and warrants favorable action,
specifically recommending that his commander date of rank (and by
implication, effective date) be adjusted to 1 April 2010.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (3), the Board finds
the existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, by removing his failure of selection by the FY 10 Line
Commander Selection Board.
b. That his record be corrected further to show his date of rank
and effective date in the grade of commander as 1 April 2010, rather
than 1 October 2010; and that his lineal precedence be adjusted
accordingly.
c. 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.
d. 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.
Sone olf [Ael
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.
W. DEAN PF F
Executive D 7
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