DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
HD:hd
ARLINGTON, VA 22204-2490
Docket No. 04163-11
19 January 2012
From: Chairman, Board for Correction of Naval Records
TO : Secretary of the Navy
Tanai
REVIEW OF NAVAL RECORD
Ret : (a) 10 U.S. 1552
Encl: (1) DD Form 149 dtd 17 Mar 11 w/attachments
(2) COMNAVRESFORCOM e-mail dtd 26 Sep 11 w/attachments
(3) PERS-803 memo dtd.28 Nov 11
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 he was not transferred to the Individual Ready
Reserve (IRR) in February 2005. He also requested making good, in
terms of retirement, promotion, selection and advancement, all years
affected by his transfer to the IRR. Finally, he requested
consideration for advancement to pay grade E-9 by a special selection
board (SSB) for Fiscal Years 2005 though 2011; and SSB consideration
for appointment as a warrant officer.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer and Zsalman,
reviewed Petitioner's allegations of error and injustice on
19 January 2012, 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 enclosure (2), the Commander, Naval Reserve Forces
Command commented to the effect that Petitioner was transferred to
the IRR in violation of applicable directives.
c. In enclosure (3), the Navy Personnel Command (NPC) office
with cognizance over enlisted advancements has commented to the
effect that a recommendation regarding SSB consideration cannot be
determined until adjudication of Petitioner's request for correction
of his record to show he was not transferred to the IRR.
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 partial relief,
specifically, correction of Petitioner’s naval record to show he was
not transferred to the IRR in February 2005. The Board is not
prepared to award Petitioner retirement point credit he did not earn,
as his transfer to the IRR did not make him ineligible to earn such
credit. The Board finds he may submit, to NPC, a separate request
for SSB consideration for advancement and appointment to warrant
officer on the basis of the correction of his record to show he was
not transferred to the IRR. In view of the above, the Board directs
the following limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show he was
not transferred to the IRR in February 2005.
b. 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 future.
c. 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 ina confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
d. That the remainder of Petitioner’s request be denied.
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.
Pou Fan $< Prawdiodes.
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.
Tred SS. CRN gi geen
FW DEAN PFEIFFER
Executive Director
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