DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05092-11
15 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ;
REVIEW OF NAVAL RECORD
Ret: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 22 Apr 11 w/attachments
(2) PERS-831 memos dtd 19 May and 23 Jun 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 accepted his commission in the Navy Reserve on
1 March 2009, rather than 3 April 2009. He further requested that
the date of rank and effective date of his promotion to lieutenant
commander be adjusted to reflect selection by the Fiscal Year (FY)
40 Staff Lieutenant Commander Selection Board, which he missed,
rather than the FY 11 Staff Lieutenant Commander Selection Board.
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 ang 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 Navy Personnel Command office with
cognizance over the subject matter of Petitioner's case has commented
to the effect that the request has merit and warrants favorable
action, specifically, changing the acceptance date of his commission
as he requested and changing the date of rank and effective date of
his promotion to lieutenant commander from 1 March 2011 to 1 March
2010.
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, where
appropriate, to show he accepted his commission in the Navy Reserve
on 1 March 2009, rather than 3 April 2009.
b. That his anniversary date and pay entry base date be adjusted
accordingly. .
c. That his record be corrected further to show his date of rank
and effective date in the grade of lieutenant commander as 1 March
2010, rather than 1 March 2011; 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 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
(a), hag been approved by the Board on behalf of the Secretary of
the Navy.
Ly Doan
W. DEAN PFEIBF
Executive Direc
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