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NAVY | BCNR | CY1999 | 00363-99
Original file (00363-99.pdf) Auto-classification: Approved
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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