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NAVY | BCNR | CY2010 | 11339-10
Original file (11339-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WJH
Docket: 11339-10
7 April 2011

From: Chairman, Board for Correction of Naval Records

 
  

 

Te: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD

Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments

(2) HOMC ltr 1600 RCT of 23 Nov 10

(3) 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 nullify his transfer to the Inactive
Status list, to receive additional participation points, to
remove a failure to select and to convene a special selection
board.

2. The Board, consisting of Messrs. Pfeiffer, Exnicios and
George reviewed Petitioner’s allegations of error and injustice
on 30 March 2011 and, pursuant to its regulations, determined
that only the partial 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. The Board also considered enclosure (2) an the
applicants reply of 1 Feb 2011. The Board members also
considered your request for a personal appearance, however it
Found that the issues in the case were adequately documented and
that a personal appearance would not materially add to the
Board’s understanding of the issues involved. Thus, your
request for a personal appearance has been denied.
Docket: 11339-10

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. Petitioner was transferred to the Inactive Status List
(ISL) on 22 Dec 2006. He was returned to the Individual Ready
Reserve (IRR) on 4 June 2008.

c. During the gap, he enrolled in the Command and Staff
College Distance Education Program.

d. Petitioner also failed to select for 05 by the 2010
promotion Board.

e. In correspondence attached as enclosure (2), the office
having cognizance over these matters commented to the effect
that partial relief is warranted extending only to adjusting the
record to allow points for participation in the Command and
Staff College Distance Education Program.

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 injustice warranting the following
partial corrective action.

RECOMMENDATION :

 

That Petitioner’s naval record be corrected, where appropriate,
to show that:

a. Petitioner was returned to the IRR on 24 October 2007
vice 4 June 2008. His anniversary date will be adjusted and he
will be credited with the appropriate number of points for
participation in the Command and Staff College Distance
Education Program.

 

b. So much of Petitioner’s request for corrective action
as exceeds the foregoing be denied for the reasons stated in
enclosure (2).

c. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
Docket: 11339-10

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 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 WILLIAM J. HESS, III
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.

7 April 2011

\eyneS
W. DEAN P Ei
Executive tor

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