DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 100i
ARLINGTON, VA 22204-2490
HD
Docket No. 09153-12
25 Getober 2013
From: Chairman, Board for Correction of Naval Records
EO" Secretary of the Navy
Subj: Se aae eS ee gS
REVIEW OF NAVAL RECORD —
Ref: (a) Title 10 U.S.C. 1552
Encl: DD Form 149 dtd 24 Aug 12 w/attachments
(1)
(2) Memo for Record dtd 16 Jan 13
(3) BUMED ltr dtd 12 Oct 12
(4) PERS-831 memo dtd 11 Dec 12
(5) PERS-831 memo dtd 18 Oct 13
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 award him one additional year of entry
grade credit (EGC), so that his lieutenant date of rank on his
commission in the Medical Corps, U. S. Navy, will be changed
from 19 May 2007 to 22 April 2006. Enclosure (2) shows
Petitioner has agreed to changing his lieutenant date of rank to
19 May 2006. He also requested that his lieutenant commander
date of rank and effective date be adjusted accordingly. He was
promoted to lieutenant commander, pursuant to selection by the
Fiscal Year (FY) 13 Staff Lieutenant Commander Selection Board,
with a date of rank and effective date of 1 September 2013.
2. The Board, consisting of Messrs. Spooner, Swarens and
Wilson, reviewed Petitioner's allegations of error and injustice
on 24 October 2013, 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 (3), the Bureau of Medicine and Surgery has
commented to the effect that Petitioner's request for one
additional year of EGC has merit and warrants favorable action.
c. In enclosure (4), PERS-831, the Navy Personnel Command
office with cognizance over officer programs, has commented to
the effect that Petitioner’s request for one additional year of
EGC should be approved and that his lieutenant date of rank
should be adjusted accordingly to 19 May 2006.
d. In enclosure (5), PERS-831 commented to the effect that
with a lieutenant date of rank of 19 May 2006, Petitioner would
have been eligible for consideration by the FY 12 Staff
Lieutenant Commander Selection Board, and if selected by that
promotion board, he would have been promoted with a date of rank
and effective date of 1 September 2012. PERS-831 recommended
adjusting Petitioner’s lieutenant commander date of rank and
effective date accordingly, to 1 September 2012.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (2) through (5), the Board
finds an error and injustice warranting the following corrective
action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show he
was awarded one additional year of EGC; and that his commission
as a lieutenant, Medical Corps, U. S. Navy be corrected
accordingly to show his date of rank as 19 May 2006, rather than
19 May 2007.
b. That his record be corrected further to show his date of
rank and effective date in the grade of lieutenant commander as
1 September 2012, rather than 1 September 2013; and that his
lineal precedence be adjusted accordingly.
c. 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.
d. 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.
Bor-aaw t (Epetenr
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.
oe >. GO
FO2 WwW. DEAN PFEIFFE
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