DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD : hd
Docket No. 04302-11
20 October 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj a ee ee
REVIEW OF NAVAL RECORD
Ref: {a) 10 U.S.C. 1552
Fnel: (1) DD Form 149 dtd 18 Apr 11 w/attachments
(2) BUMED ltr dtd 9 Aug 11
(3) PERS-831 memo dtd 3 Oct il
and e-mail dtd 19 Oct 11
{4) 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 he was awarded entry grade credit (EGC) for five
years and eight months of prior commissioned service, and that his
lieutenant date of rank be adjusted accordingly. Finally, he
requested promotion to lieutenant commander if he missed a promotion
board for which he would have been eligible with his corrected date
of rank. The last request was not considered, as the Board does not
promote an officer who has not been selected by a duly constituted
promotion board.
2. The Board, consisting of Messrs. W. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on
20 October 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 regulat ions
within the Department of the Navy.
b. In enclosure (2), the Bureau of Medicine and Surgery (BUMED)
office with cognizance over EGC commented to the effect that
Petitioner should have received two years and 10 months of EGC for
his prior commissioned service and four years for his dental degree,
for a total of six years and 10 months.
c. In enclosure (3), the Navy Personnel Command office with
cognizance over officer programs commented to the effect that with
the additional EGC BUMED recommended awarding Petitioner, hig date
of rank would have been 3 August 2006. His current date of rank is
3 June 2009.
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 to show the date
of rank on his commission in the grade of lieutenant, Dental Corps,
U. S. Navy as 3 August 2006, rather than 3 June 2009; and that his
lineal precedence be adjusted accordingly.
b. 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.
‘c. 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.
Poirier &, Joa gen
ROBERT D. 4SALMAN © 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.
lus
W. DEAN PF
Executive Digettor
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