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NAVY | BCNR | CY2010 | 12165-10
Original file (12165-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LEC
Docket No. 12165-10
21 Dec 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW_Q
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments

(2) CMC letter 1400/7 MMPR-2 14 Oct 10
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) the father of the
Subject, hereinafter referred to as Petitioner, filed enclosure (1)
with this Board requesting, in effect, that the applicable naval
record be corrected to show Subject was promoted when first eligible.

2. The Board, consisting of Messrs. Exnicios, George, and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on

21 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, 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 enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has commented to the effect that the request has merit and
warrants favorable action.

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 corrective
action.
Docket No. 12165-10
RECOMMENDATION:

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

a. Subject was promoted to paygrade E-4 effective
1 June 2003.

b. A copy of this Report of Proceedings will be filed in
Subject’s naval record.

c. NOTE: Subject died on 11 April 2007.
4. It is certified that quorum was present at the Board’s review and

deliberations, and that the foregoing is a true 7, record of the
Board's proceedings in the above entitled matter.

Leluae JE

ROBERT D. ZSALMAN WILLIAM J. HESS,
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.
27 December 2010 Li

W. DEAN P
Executive D

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