DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 10082-1090
14 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 8 Sep 10 w/fattachments
(2) PERS-80 memo dtd 4 Oct 10
(3) PERS-831 memo dtd 7 Dec 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 she accepted her commission. in the Navy Reserve
with no break in service, and that the lieutenant date of rank on
her commission was 20 April 2005, rather than 3 January 2007.
2. The Board, consisting of Messrs. Chapman, Dunn and Ivins,
reviewed Petitioner's allegations of error and injustice on
13 January 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 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 offices with cognizance over the subject
matter of this case have commented to the effect the request has merit
and warrant favorable action, specifically, showing Petitioner
accepted her Navy Reserve commission on 18 August 2008, rather than
18 May 2010; and that her commission reflected a date of rank of
20 April 2005, rather than 3 January 2007.
ec, Petitioner was discharged from the Regular Navy on 31 August
2008.
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
requested relief. Contrary to the advisory opinions, the Board
finds the acceptance date of Petitioner's commission should be
changed to 1 September 2008, the day after her discharge from the
Regular Navy, rather than 18 August 2008. In view of the above, the
Board directs the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected, where
appropriate, to show she accepted her commission in the Navy Reserve
on 1 September 2008, rather than 18 May 2010.
b. That her record be corrected further to show the lieutenant
date of rank on her commission as 20 April 2005, rather than 3 January
2007; and that her lineal precedence be adjusted accordingly.
c. That her anniversary date and pay entry base date be adjusted
accordingly.
d. 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.
e. 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.
Siler) (a relE le
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
Executive
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