DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Decket No. 10787-10
13 January 2011
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 30 Sep 10 w/attachments
(2) PERS-911 ltr dtd 24 Nov 10
(3) PERS-80 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 he accepted his commission in the Navy Reserve with
no break in service, and that he retained his original lieutenant
date of rank of 1 June 2000.
2. The Board, consisting of Messrs. Chapman, Dunn and Ivins,
reviewed Petitioner's allegations of error and injustice on
13 danuary 2031, 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 offices with cognizance over the subject
matter of this case have commented to the effect the request has merit
and warrants favorable action, specifically, showing Petitioner
‘accepted his Navy Reserve commission on 1 March 2007, rather than
29 February 2008; and that his commission reflected a date of rank
of 1 June 2000, rather than 19 April 2001.
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 he accepted his commission in the Navy Reserve
on 1 March 2007, rather than 29 February 2008.
b. That his record be corrected further to show the lieutenant
date of rank on his commission as 1 June 2000, rather than 19 April
2001; and that his lineal precedence be adjusted accordingly.
c. That his 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.
Aint #. [Apted~
ROBERT D. ZSALMAN JONATHAN S&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.
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