DEPARTMENT OF THE NAVY
- BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR337
29 March 2013
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: a eres : nee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 12 Jan 12 (sic) w/attachments
(2) PERS-91 ltr dtd 28 Feb 13 w/attachment
(3) PERS-80 memo dtd 13 Mar 13 ,
1. Pursuant to 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 as a lieutenant commander in the
Medical Corps of the Navy Reserve on 1 September 2012, rather
than 10 January 2013. He further requested that if he missed
the Fiscal Year 14 Staff Commander Selection Board convened on
20 February 2013, he be granted consideration by a special
selection board (SSB) for promotion to commander.
2. The Board, consisting of Messrs. Bey, Chapman and Ivins,
reviewed Petitioner's allegations of error and. injustice on
28 March 2013, and pursuant to its regulations, determinéd 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 (2), PERS-91, the Navy Personnel Command
(NPC) office with cognizance over the subject matter of
_-completely expunged from Petitioner's record and that no such
)
Petitioner’s case, has commented to the effect the request has
merit and warrants favorable action.
¢. In enclosure (3), PERS-80, the NPC office with
cognizance over officer promotions, has commented to the effect
that once the Board has acted on Petitioner's request to change
the acceptance date of his commission, his SSB request. should be
submitted via the NPC website under special promotions.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an error
and injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner naval record be corrected to show he
accepted his commission in the Navy Reserve on 1 September 2012,
rather than 10 January 2013.
b. That his anniversary date and pay entry base date be
adjusted accordingly ..
c. That any material or entries inconsistent with or
relating. to the Board's: recommendation be corrected, removed or
entries or material be. added to the record in the future.
da... 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 | oe 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.
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