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 N A W ANNEX
WASHINGTON DC 20370-5100
HD : hd
Docket No: 01926-99
10 August 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: L
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 12 Mar 99 wlattachment
(2) PERS-85 memo dtd 16 Jun 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 been assigned had he if confirmed in the expected time for an
officer selected by the Fiscal Year (FY) 98 Lieutenant Line Selection Board. He specifically
requested a date of rank and effective date of 1 October 1997. His current date of rank and
effective date are 14 October 1997.
2. The Board, consisting of Messrs. McCulloch and Molzahn and Ms. Davies, reviewed
Petitioner's allegations of error and injustice on 5 August 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, reydnti nm md pdicie?.
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 (NPC)
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 October 1997.
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 October 1997; 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
4 ,
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.
W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE WAVY
WAVY PERSONNEL S O Y Y A W I
5 7 2 0 INTEGRITY DRIVE
MILLINGTON TN 3 8 0 5 5 - 0 0 0 0
5420
Ser 85/122
16 June 99
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj: L
-
US-
Encl: (1) BCNR File
1. Enclosure (1) is returned recommending approval o-
request to backdate his date of rank.
2.
was selected by the FY-98 Active Lieutenant Line
Promotion Selection Board. Due to a delay in processing, his
promotion appointment was ap roved after his projected date of
rank of 1 October 1997.
14 October 1997.
current date of rank is
3. Recommend that his date of rank be backdated to 1 October
and ~nlk,s/ted
Advancements Division
, ,
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