DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 10873-10
4 February 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Fnel: (1) DD Form 149 dtd 29 Sep 10 w/attachments
(2) PERS-80 memo dtd 12 Nov 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
sore ee grade of Lieutenant commander he would have been ass*duee
had he been selected for promotion to that grade by the Fiscal Year
(FY) 10 Navy Reserve staff Lieutenant Commander Selection Board,
which he missed as a result of administrative error, rather than FY
11. He was promoted to lieutenant commander with a date of rank and
effective date of 1 February 2011.
2. The Board, consisting of Ms. Aldrich and Messrs. McBride and
Pfeiffer, reviewed Petitioner's allegations of error and injustice
on 3 February 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 lawand regulations
within the Department of the Navy.
b. In correspondence at enclosure (2), 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, specifically, adjusting Petitioner's lieutenant
commander date of rank and effective date to 1 January 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 his date of rank and effective date in the grade
of lieutenant commander as 1 January 2010, rather than 1 February
2011; and that his 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.
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 ina 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.
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 +s hereby announced that the
taken under the authority of reference
he Board on behalf of the Secretary of
as pot} O poten
Eo. W. DEAN PFEIFFER
Executive Director
foregoing corrective actLon;
(a), has been approved by t
the Navy.
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