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 NAW ANNEX
WASHINGTON DC 20370-5100
HD : hd
Docket No: 00363-99
24 June 1999
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 6 Jan 99
(2) NPC-85 memo dtd 23 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
lieutenant he would have received in due course on the basis of his commission as an ensign
with a 7 October 1994 date of rank.
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 revirwed all the h c t ~ 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. They recommend changing his
lieutenant date of rank (and by implication, effective date) to 1 November 1998 on the basis of
his date of rank of 7 October 1994 as an ensign.
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 as 1 November 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
24, Ad-a
i
+
JONATHAN S. RUSKIN
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.
Executive Direc
DEPARTMEWT OF THE NAVY
WAVY PERIOWMEL eoYmam
5720 IWTEQRITY DRIVE
MlLLlWQTOW TW 31055-0000
5420
Ser 85/059
23 Apr 99
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Encl: (1) BCNR File
1. Enclo&&?e (1) is returned recommending approval of LT
request to backdate his date of rank.
s selected by the FY-99 Active Lieutenant
Promotion Selection Board. Based on his date
of rank of 7 October 1994 as an E
to LT should be 1 November 1998.
rank is 24 November 1998.
tion appointment
rrent date of
3. Recommend that his date of rank be backdated to 1 November
and Enlisted Advancements Division
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