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NAVY | BCNR | CY2010 | 07370-10
Original file (07370-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 07370-10
24 September 2010

From: Chairman, Board for Correction of Naval Records

 

To : Secretary of the Navy

a Ni
W OF NAVAL RECORD

Ref: (a) 10 s.C.. 1552

Encl: (1) DD Form 149 dtd 2 Jul 10 w/attachments

(2) PERS-80 memo dtd 16 Aug 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 by removing his failure of selection for promotion before
the Fiscal Year 2011 Reserve Line Commander Selection Board, so as
to be considered by the selection board next convened to consider
officers of his category for promotion to commander as an officer
who has not failed of selection for promotion to that grade.

2. The Board, consisting of Messrs. Chapman, Garst and Genteman,
reviewed Petitioner's allegations of error and injustice on

23 September 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 correspondence attached as enclosure (2), the Navy
Personnel Command office having 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 the contents of enclosures (2), the Board finds
the existence of an error and injustice warranting the following
corrective action.

RECOMMENDATION :

a. That Petitioner's record be corrected so that he will be
considered by the earliest possible selection board convened to
consider officers of his category for promotion to commander as an
officer who has not failed of selection for promotion to that grade.

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 ina confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.

4. 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.

pwtthird dc Ja,

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.
LON

W. DEAN PFEI
Executive Director

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