DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. O3972-11
15 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: (i ne
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 28 Mar 11 w/attachments
(2) PERS-911C ltr atd 7 Jun 11
(3) PERS-86 memo dtd 9 Jun 11
1. Pursuant to the provisions of reference fa), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record be
corrected to show that he accepted his commission as a lieutenant
in the Navy Reserve on 2 September 2008, father than 1 April 2010,
and that the lieutenant date of rank reflected on his commission was
1 June 2006, rather than 20 December 2007. He further requested
consideration by the Fiscal Year (FY) 2012 Reserve Line Lieutenant
Commander Selection Board on the basis of his corrected date of rank.
This promotion board convened on 8 March 2011, before the Board
considered his case.
2. The Board, consisting of Ms. Nappo and Messrs. Chapman and
Grover, reviewed Petitioner's allegations of error and injustice on
14 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 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. Inenclosures (2) and (3), the Navy Personnel Command offices
with cognizance over the subject matter of Petitioner’s case have
commented to the effect the request has merit and warrants favorable
action, and that Petitioner may request consideration by a special
selection board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3), 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 he accepted his commission as a lieutenant in
the Navy Reserve on 2 September 2008, rather than 1 April 2010.
b. That his anniversary date and pay entry base date be adjusted
accordingly. .
ec. That his record be corrected further to show that the
lieutenant date of rank reflected on his commission was 1 June 2006,
rather than 20 December 2007; and that his lineal precedence be
adjusted accordingly.
d. 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.
e. 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 entitied
matter.
Nonaion) b (Potoin
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 Quo.
W. DEAN PFE
Executive D r
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