DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 12669-10
22 January 2011
From: Chairman, Board for Correction of Naval Records
To% Secretary of the Navy
Sub); Se,
REVIEW OF NAVAL RECORD
Ref: (a) 20: UsS6c. L552
Encl: (1) DD Form 149 dtd 4 Nov 10 w/attachments
(2) PERS-80 memo dtd 20 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 the date of rank on his commission as a lieutenant
junior grade, Medical Service Corps, as 3 November 2008, rather than
7 December 2008, and that his record be corrected further to show
the date of rank and effective date of his promotion to lieutenant
as 1 December 2010, rather than 1 January 2011.
2. The Board, consisting of Messrs. W. Hicks, Spooner and Storz,
reviewed Petitioner's allegations of error and injustice on
21 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 at enclosure (2), the Navy Personnel
Command office with cognizance over the subject matter of this case
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 error and injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected, where
appropriate, to show the date of rank on his commission as a
lieutenant junior grade, Medical Service Corps as 3 November 2008,
rather than 7 December 2008.
b. That his record be corrected further to show the date of rank
and effective date of his promotion to lieutenant as 1 December 2010,
rather than 1 January 2011; and that his lineal precedence be adjusted
accordingly.
c. 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.
d. 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.
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 PFEILRF
Executive Dixéc
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