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NAVY | BCNR | CY2013 | NR8486 13
Original file (NR8486 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 8 COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No.NRO8486-13
8 May 2014

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

 
 

Subj:

Ref: (a) Title 10 U.S.C, 1552

Enel: (1) DD Form 149 w/attachments :
(2) Headquarters United States Marine Corps (HQMC) memo
1412/1 MMPR of 11 Apr 2014 -
(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 his promotion
date of rank be changed from 1 September 2012 to 1 April 2010.

>. The Board, consisting of Messrs. Zsalman, Exnicios and
Ruskin reviewed Petitioner's allegations of error and injustice
on 5 May 2014 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 congisted 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.

RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate,
as follows: ‘

a. Petitioner's date of rank is corrected to show that he
was promoted to the rank of Captain/O-3 with an effective date
of 1 September 2011 vice 1 September 2012.

b. That so much of Petitioner’s request for corrective
action as exceeds the foregoing be denied.

c. 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.

bunte |

ROBERT D. ZSALMAN BRONTE I. MONTGQME
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.

8 May 2014 Td San |

ROBERT D. ZSALMAN
Acting Executive Director

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