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NAVY | BCNR | CY2010 | 07900-10
Original file (07900-10.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. 07900-10
22 October 2010

From: Chairman, Board for Correction of Naval Records
Tox Secretary of the Navy

Subj: ' Se
REVIEW OF NAVAL RECORD
Ref: (a) 20 U:5S.€. 1552
Encl: DD Form 149 dtd 15 Jul 10 w/attachments
PERS-80 memo dtd 15 Sep 10

(1)
(2)
(3) PERS-80 e-mail dtd 19 Oct 10
(4) 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 applicable naval record be
corrected to show his grade as lieutenant (pay grade O-3), rather
than lieutenant junior grade (pay grade 0-2).

2. The Board, consisting of Mses. Guill and Trucco and Mr. Spooner,
reviewed Petitioner's allegations of error and injustice on

21 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, 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.

b. In correspondence attached as enclosures (2) and (3), 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. That office specifically recommended
correcting Petitioner’s record to show his permanent promotion to
lieutenant with a date of rank and effective date of 1 May 1963; and
his retirement on 1 July 1966 in the grade of lieutenant, rather than
lieutenant junior grade.

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, to show his permanent promotion to lieutenant with a
date of rank and effective date of 1 May 1963; and his retirement
on 1 July 1966 the grade of lieutenant, rather than lieutenant junior
grade.

b. 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.

Amite fb, Me-Pbe

 

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.

co2.W. DEAN P IFFER
Executive Director

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