DEPARTWIENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. GOUR I AUUSe RU SUITE VU
ARLINGTON VA 22204-2490
BAN
Docket No.NR02462-14
12 August 2014
From: Chairman, Board for Correction of Naval Records
To% Secretary of the Navy
ga RRS ER SLES STE SEL
Ref: (a) Title 10 U.S Cs S52
Encl: (1) DD Form 149 w/attachments
(2) Deputy Assistant Judge Advocate General memo 5800
4BC1288.14 of 5 Aug 2014
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
nonjudicial punishment (NIP) was set aside in 2009 and he
retained his rank of MM1/E-6 until his end of his obligated
service date. Additionally, Petitioner is requesting all back
pay and allowances.
2. The Board, consisting of Messrs. Zsalman, Ruskin and George
reviewed Petitioner’s allegations of error and injustice on ll
August 2014 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.
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:
a. Petitioner was advanced to MM1/E-6 with an effective
date of 16 June 2009 with a Time In Rate date of 1 January 2009.
Note: Petitioner's NUP of 19 December 2008, in which he was
reduced in rank from a Frocked E-6 to E-4, was set aside on 17
February 2009.
b. Petitioner is entitled to all back pay and allowances to
MM1/E-6 from the date of his erroneous reduction in rank to the
date of his end of obligated service.
c. 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 ig 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. 7
ROBERT D. ZSALMAN pavib/d. CASH
Recorder Ac (Recorder
Be 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.NR02462-14
rective action, taken under the
announced that the foregoing cor
been approved by the Board on
authority of reference (a), has
behalf of the Secretary of the Navy.
12 August 2014
ROBERT D. ZSALMAN
Acting Executive Director
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