D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-51 00
HD: hd
Docket No: 07848-98
20 August 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj :
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 3 Nov 98 wlattachment
(2) PERS-85 memo dtd 2 Jun 99
(3) Subject's naval record
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 show the lineal position, date of rank, and effective date in the grade of
lieutenant commander he would have been assigned had he been confirmed in the expected
time for an officer selected by the Fiscal Year 98 Lieutenant Commander Line Selection
Board. He specifically requested a date of rank and effective date of 1 July 1998. His
current date of rank and effective date are 25 September 1998.
2. The Board, consisting of Messrs. Bishop, Pfeiffer and Taylor, reviewed Petitioner's
allegations of error and injustice on 12 August 1999, 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 Navy Personnel Command (NPC)
office with cognizance over the subject matter of this case has commented to the effect that
Petitioner's request has merit and warrants favorable action. They recommend changing his
lieutenant date of rank (and by implication, effective date) to 1 March 1998.
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:
a. That Petitioner's naval record be corrected, where appropriate, to show Petitioner's
date of rank and effective date in the grade of lieutenant commander as 1 March 1998; and
that Petitioner's lineal precedence be adjusted accordingly.
b. 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.
c. 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
Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the I < r l , ~ r r l for Coirer;~ioi~ of Naval KewrJs (32 Curlc of FcctcrA Rcgulalioris, S*;cdic)~l
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.
DEPARTMENT OF THE NAVY
WAVY PERSOWWEL COIIIIIIAWD
5720 INTEORITY DRIVE
MlLLlWOTOW TW 38055-0000
5420
Ser 85/093
2 Jun 99
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Encl: (1) BCNR File
USN,
re (1) is returned recommending approval
equest to backdate his date of rank.
selected by the FY-98 Active Lieutenant
2. LCDR-S
Commander Llne Promotion Selection Board. His name was forwarded
separately to the Senate for confirmation, resulting in a delay
in his promotion appointment. His appointment was approved after
his projected date of rank of 1 March 1998. LCDR-
current date of rank is 25 September 1998.
Recommend that his date of rank be backdated to 1 March 1998.
and ~nlysted Advancements Division
fficer Promotions
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