DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 07948-98
24 June 1999
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj; WH ene Be li
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 6 Nov 98 w/attachments
(2) NPC-85 memo dtd 6 Apr 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 Chief
Warrant Officer (CWO) (W3) he would have been assigned had he been confirmed in the
expected time for an officer selected by the Fiscal Year 98 CWO (W3) Selection Board. He
specifically requested a date of rank and effective date of 1 December 1997. His current
CWO3 date of rank and effective are 12 February 1998.
2. The Board, consisting of Messrs. Ensley, Goldsmith and Pfeiffer, reviewed Petitioner's
allegations of error and injustice on 10 June 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 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.
194% - OY
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 his date of
rank and effective date in the grade of CWO (W3) as 1 December 1997; and that his 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 JONATHAN S. RUSKIN
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.
7
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000 9420
Ser 85/051
6 Apr 99
MEMORANDUM FOR BCNR
Via: BUPERS/BCNR Coordinator
Subj:
Encl: (1) BCNR File
iis (1) is returned recommending approval of LT
request to backdate his CWO3 permanent appointment date
eee was selected by the FY- 98 Chief Warrant Officer
(W3) Selection Board. Due to a delay in processing, the CWO3
permanent promotion appointment was approved after ae ais,
projected date of rank of 1 October 1997. LT Laggner’s current
CWO3 date of rank is 12 February 1998.
3. It has been determined that his date of rank be backdated to
1 December 1997.
iaison, Officer Promotions
and Enlisted Advancements Division
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