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NAVY | BCNR | CY2014 | NR5048 14
Original file (NR5048 14.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.NRO5048-14
21 November 2014

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

=): ey

Ref: (a) Title 10 U.S.c. 1552

Encl: (1) DD.Form 149 w/attachments i
{2) Headquarters Marine Corps (HOMC) memo 1400-3-MMPR-2 of
28 Oct 2014
(3) Headquarters Marine Corps (HOMC) memo 1070 MIQ of 26 Sept

2014 a

i. 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 Date of Rank to
Corporal/E-4 be effective on 1 July 2011.

2. The Board, consisting of

reviewed Petitioner's allegations of error and injustice on

19 November 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 enclosures (2) and (3}, 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 enclosures (2) and (3), the
Board finds the existence of: an injustice warranting the Ecllowing
corrective action,
Docket No.NRO5048-14

RECOMMENDATION:

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

a. Petitioner's Body Composition Program (BCP) assignment on 8
May 2010 shall be removed from his official record.

b. Petitioner shall receive a promotion to Corporal/&-4 with an
effective Date of Rank of 1 July 2011.

c. Petitioner‘shall receive any and all back pay and allowance
if warranted, due to the effective Date of Rank change to Corporal/E-4
to his date of separation from active duty service.

d. 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
TMatter.

 

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. .

ROBERT J. O'NEILL
Executive Director

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