DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 13012-10
22 January 2011
From: Chairman, Board for Correction of Naval Records
Tot Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 17 Nov 10 w/attachments
(2) PERS-80 memo dtd 21 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 and effective date of her promotion
to lieutenant as 1 June 2010, rather than 1 October 2010. She also
implicitly requested removing her Fiscal Year (FY) 10 failure of
selection to lieutenant.
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 having 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 to show the date
of rank and effective date of her promotion to lieutenant as 1 June
2010, rather than 1 October 2010; and that her lineal precedence be
adjusted accordingly.
b. That her record be corrected further by removing her FY 10
failure of selection to lieutenant.
ce, That any material or entries inconsistent with or relating
to 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 Fubure:.
d. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of this
Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
4. 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
of the Secretary of
\) Wess \
. DEAN P
Executive D
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