DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 05216-11
17 May 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: REVIEW OF NAVAL RECORD Qa
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1430 Ser 811/270 of 16 May 2011
(3) 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 an effective date of advancement to E-2 as of 13 August 2008,
and to E-3 as of 16 May 2009.
2. The Board, consisting of Messrs. Pfeiffer, Exnicios, and George
reviewed Petitioner's allegations of error and injustice on
16 May 2011, and, pursuant to its regulations, determined that the
partial 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.
b. In correspondence attached as enclosure (2), the office having
cognizance over the subject matter addressed in Petitioner's application
has commented to the effect that Petitioner’s request warrants partial
relief as described below.
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 injustice warranting the following partial corrective
action.
Docket No. 05216-11
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. Petitioner is advanced to E-2 with an effective date of 16
March 2009.
b. Petitioner is advanced to E-3 with an effective date of 16
December 2009.
c. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied for the following reason: Petitioner
was dis-enrolled from the Special Operations Challenge Program on 1
October 2008, prior to attaining sufficient time in rate for
advancement.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
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 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 WILLIAM J. HESS,VIII
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.
17 May 2011 "Fuk D q
ROBERT D. SALMAN
Acting Executive Director
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