DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 08943-10
14 December 2010
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ret: (ay 10 U.8.0. 1552
Encl: (1) DD Form 149 dtd 11 Aug 10 w/attachments
(2) PERS-80 memo dtd 15 Sep 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 lieutenant commander, she would have been
assigned had she been selected for promotion to that grade by the
Fiscal Year (FY) 10 Reserve Line Lieutenant Commander Selection Board
which she missed as a result of administrative error, vice the FY
11 Reserve Line Lieutenant Commander Selection Board. She currently
has a lieutenant commander date of rank and effective date of
1 December 2010.
2. The Board, consisting of Messrs!
reviewed Petitioner's allegations of error and injustice on
9 December 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 enclosure (2), the Navy Personnel Command office with
cognizance over the subject matter of Petitioner’s case has commented
to the effect that the request has merit and warrants favorable
action, specifically, adjusting her lieutenant commander date of
rank and effective date to 1 June 2010.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), 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 her date of rank and effective date in the grade
of lieutenant commander as 1 June 2010, rather than 1 December 2010;
and that her lineal precedence be adjusted accordingly.
b. That any material or entries inconsistent with 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 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
matber.
Darin & (anette
ROBERT D. 4ZSALMAN 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.
CRW. DEAN PFEIFFER
Executive Director
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