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NAVY | BCNR | CY2012 | 06223-12
Original file (06223-12.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001

ARLINGTON VA 22204-2490

 

BAN
Docket No. 06223-12
25 September 2012

From: Chairman, Board for Correction of Naval Records
Tox Secretary of the Navy

Subj: | REVIEW OF NAVAL RECORD OF (i

Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Naval Personnel Command (NPC) memo Ser 812/284 of
6 Aug 2012

(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
“applicable naval record be corrected to show that he advanced to
E-6/IT1 from the March 2007 Navy-wide advancement examination.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman and
George reviewed Petitioner’s allegations of error and injustice
on 24 September 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, 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 the
request has merit and warrants favorable action.
Docket No. 06223-12

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
corrective action.

RECOMMENDATION :

That Petitioner's naval record be corrected, where appropriate,
as follows: 4

a. Petitioner wags advanced to E-6/IT1 from the March 2007
Navy-wide advancement examination with an effective date of 16
December 2007, and a Time In Rate date of 1 July 2007.

b. That any relief in excess of the above be denied.
Petitioner waited almost 5 years before seeking relief
pertaining to his effective date of rank. In light of the
delay, which is attributable to petitioner, the Board determined
that relief should be strictly confined to the limits described
above. Therefore, further advancement will not be considered.

c. That a copy of this Report of Proceedings 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.

ee an

 

ROBERT D. 4SALMAN WILLIAM J. HESS, III
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
Docket No. 06223-12

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.

> Wash

W. DEAN 'PFRI
Executive Dh r

24 September 2012

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