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NAVY | BCNR | CY1999 | 00684-99
Original file (00684-99.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:  00684-99 
24 June  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 29 Jan 99 w/attachments 
(2)  DCNO(13 1M5) memo dtd  9 Apr  99 

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, had  his entry grade credit been  correctly assigned. 
Initially, he specifically requested a date of  rank and  effective date of  16 December  1997, but 
he has since indicated that  1 January  1998 is acceptable.  His current date of  rank and 
effective date are 24 November  1998. 

2.  The Board, consisting of  Messrs.  Rothlein and  Zsalman and Ms.  Moidel, reviewed 
Petitioner's allegations of error and  injustice on  17 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 
eficlosures, 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 Deputy Chief of  Naval  Operations 
(N131M5) 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, specifically, changing 
his date of  rank and effective date to  1 January  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 as  1  January  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 

& - . 7  

.& 4  ,&<%d 

'77-- 

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. 

MEMORANDUM 

DATE: 

9 April  1999 

FROM: 

Nurse Corps Officer Community Manager (N 13 1 M5) 

TO: 

SUBJ: 

BCNR Coordinator (NPCIOOZB) 

ADVISORY OPINION WITH REGARD TO FORMER 
TECHNICAL NURSE WARRANT OFFICER (TNWO) NURSE 
CORPS (NC) OFFICERS PROMOTED TO LIEUTENANT 

1 .   Enclosure (1)  lists the former-TNWO NC officers who received new appointments to 
LTjg in July  1998 as a result of the retroactive award of constructive grade credit for 
military nursing experience gained while serving as a TNWO approved by SECNAV 
in February 1998. 

2.  Time in grade for promotion to LT is routinely two years.  A LTjg, once selected for 

LT, would normally receive a DOR for LT of the first day of the month following 
their LTjg DOR two years later (except those whose LTjg DOR is on the first day of 
the month - their LT DOR would be the first of the same month two years later). 

3.  However, the earliest promotion date that may routinely be awarded as a result of 

selection by a promotion selection board is the date that the board results are released. 
Thus former-TNWO LTjgs selected by the FYOO or later LT promotion selection 
boards might not receive a DOR and effective date commensurate with their LTjg 
promotion dates. 

1 

4.  Recommend that, once promoted to LT, you approve each listed officer's request to 
backdate DOR and effective date for LT to that indicated in Enclosure (1).  If I can 
offer any h i - ~ l l ~ r -  &s;ishmx plcasr: wiitar;i rlw ;a (703) 693 - 2326 (DSN 223 - 2326). 



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