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: 01738-99
24 June 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
JR.. ,
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 dtd 12 Mar 99
(2) PERS-85 memo dtd 27 May 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 selected for promotion to
that grade by the FiscaI Year (FY) 96 Lieutenant Commander Line Selection Board. His
current date of rank and effective date are 1 October 1996, as a result of a previous
correction to reflect selection by the FY 97 Lieutenant Commander Line Selection Board.
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
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. They recommend changing his
lieutenant commander date of rank (and by implication, effective date) to 1 July 1996.
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 lieutenant commander as 1 July 1996; 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
Recorder
&-'t-;z+
JONATHAN S. RUSKIN
Acting Recorder
, .44444~.
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.
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5 7 2 0 INTEGRITY DRIVE
MILLINOTON T N 3 8 0 5 5 - 0 0 0 0
5420
Ser 85/086
27 May 99
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj : L
C
U
S
~
N
~
Ref:
(a) BCNR Docket No: 4195-97 of 20 Mar 98
Encl: (1) BCNR File
1. Enclosure (1) is returned recommending approval of LCDR
-s
request to backdate his date of rank commensurate
with the date which would have resulted from his selection from
the FY-96 Active Lieutenant Commander Line Promotion Selection
Board.
2. Per ref (a),
record was considered before the FY-99 Active Lieutenant
Commander 'Line Promotion Selection Board as an above zone, not
previously considered eligible and he was selected. His current
date of rank is 1 October 1996.
request is supported. His
3. Recommend his date of rank be backdated to 1 July 1996.
and Enlisted Advanceme~l~s: Division
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