DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 yDp:hd
Docket No. 01876-11
22 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: en "
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.8.C. 1552.
Enel: DP Form 149 dtd 12 Jan i1 w/fattachments
(1)
{2) BUMED ltr dtd 26 Apr 11
(3) PERS-831 memo dtd 19 May 11
(4) PERS-831 e-mail dtd 22 Jun 1l
(5) 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 show she was awarded one year of
additional entry grade credit (EGC) for her master of science in
public health (MPH) degree, that her date of rank in the grade
of lieutenant be adjusted accordingly, and that the date of rank
and effective date of her promotion to lieutenant commander be
changed from 1 Juiy 2010 to 1 July 2009.
2. The Board, consisting of Messrs. Boyd, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on 21
July 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, 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.
commented to the effect Petitioner’s request has merit and
warrants favorable action, specifically, correcting her record
to show she was awarded one year of EGC for her MPH degree.
c. In enclosures {3) and (4), the Navy Personnel Command
office with cognizance over officer promotions has commented to
the effect that with the additional one year of EGC,
Petitioner’s record should be corrected to show that the date of
rank on her commission as a lieutenant, Medical Corps, Navy
Reserve, was 30 May 2003, rather than 30 May 2004. Regarding
her promotion to lieutenant commander, that office recommended
changing the date of rank and effective date from 1 July 2010,
reflecting selection by the Fiscal Year (FY) 10 Staff Lieutenant
Commander Selection Board, to 1 September 2009, reflecting
selection by the FY 09 Staff Lieutenant Commander Selection
Board, the promotion board for which Petitioner would have been
an in-zone eligible, with a corrected lieutenant date of rank.
The lieutenant commander date of rank and effective date she
would have been assigned, had she been promoted pursuant to
selection by the FY 09 promotion board, is 1 September 2009, not
1 July 2009, the date she requested.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2), (3) and
(4), the Board finds the existence of an error and injustice
warranting the following limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected, where
appropriate, to show the date of rank on her commission as a
lieutenant, Medical Corps, Navy Reserve as 30 May 2003, rather
than 30 May 2004.
. b. That her record be corrected further to show her date of
rank and effective date in the grade of lieutenant commander as
1 September 2009, rather than 1 July 2010; and that her 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.
e. That the remainder of Petitioner’s request be denied.
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.
nr TP fb. (AaFbie
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 che
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
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