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NAVY | BCNR | CY1999 | 01926-99
Original file (01926-99.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 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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