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:  05078-99 
19 November  1999 

From: 
To: 

Chairman, Board for Correction of  Naval  Records 
Secretary of  the Navy 

Subj : 

EX-LT 
REVIEW OF NAVAL RECORD (PARTIAL RECONSIDERATION) 

MSC,  USN, 

Ref: 

(a)  Title 10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 dtd  3 Aug  99 wlattachments 
(2)  PERS-85 memo dtd  7 Oct 99 
(3)  PERS-4415J memo dtd  26 Oct 99 
(4)  Subject's naval record 

1.  Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) 
with this Board requesting that his naval record be corrected by  removing his failures of 
selection by  the Fiscal Year (FY) 97 and  98 Medical Service Corps (MSC) Lieutenant 
Commander Selection Boards; setting aside his discharge from the Regular Navy  on  1 April 
1998 by  reason  of  the failures of  selection, so that his record will reflect no break in  service; 
and  reinstating him  to the MSC  of  the Regular Navy  in  the grade of  lieutenant commander, 
with  a date of  rank and effective date of  1 June 1997.  On  23 October  1997, the Board denied 
his prior request, docket number 4509-97, to remove his failures and  set aside his discharge. 

2.  The Board,  consisting of  Messrs.  Ensley,  Morgan and  Pfeiffer, reviewed  Petitioner's 
allegations of error and  injustice on  12 November  1999, and pursuant to its regulations, 
determined that the corrective action indicated below  should be taketi on the available 
evidtmce of  rccord.  Docu~ncntary material consictcrcd  by  the Board  wnsislcd 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.  Petitioner was discharged on  1 April  1998 by  reason of  his two failures of  selection 

for promotion to lieutenant commander.  He had  requested a special promotion selection 
board  in  October  1996, following his first failure of  selection.  On  12 December  1997, this 
request was approved.  The special selection board  convened on  25 February  1998, while he 
was  still on active duty.  He was  selected for promotion, but  the results were not released 

until  10 June  1998, after he had  been discharged on  1 April  1998, and  his confirmation by  the 
Senate did not take place until one year later. 

c. 

In  correspondence attached as enclosure (2), the Naval  Personnel Command  (NPC) 

office having cognizance over active duty promotion matters has commented to the effect that 
Petitioner's request has merit and  warrants full approval.  They acknowledged that 
1 June 1997 is the lieutenant commander date of  rank he would  have received, had  he not left 
active duty. 

d. 

In correspondence attached as enclosure (3), the NPC  office having cognizance over 

MSC detailing has commented to the effect they agree that Petitioner's request should be 
approved. 

CONCLUSION: 

Upon  review and consideration of  all the evidence of  record, and especially in light of  the 
contents of  enclosures (2) and  (3), the Board finds the existence of  an injustice warranting the 
following corrective action: 

RECOMMENDATION: 

a.  That Petitioner's naval record be corrected to show that he did not fail of  selection 

by  the F Y  97 and 98 MSC Lieutenant Commander Selection Boards. 

b.  That his record be corrected further to show that he was not discharged on 

1 April  1998, but  served continuously after that date; and  that he be reinstated to active duty 
in the MSC of  the Regular Navy. 

c.  That Petitioner be reinstated to active duty in the grade of  lieutenant commander, by 

authority of  10 U.S.C.  628, with a date of  rank and effective date of  1 June 1997; and  that 
his lineal precedence be established accordingly. 

d.  That there be inserted in Petitioner's naval record, at an appropriate location, a 
memorandum containing relevant identifying data and  including the following language: 

Subject officer was discharged from the Navy  effective 1 April  1998.  Subsequently, 
this discharge was voided by  order of  the Secretary of  the Navy.  Since subject 
officer was discharged by  reason  of  error and  through no fault of his own, and  since 
this discharge has now  been voided,  it is directed that he not be penalized in  any way 
by  reason of his inability to serve while the discharge was in effect. 

e.  That any material or entries inconsistent with or relating to 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. 

f.  That any material directed to be removed from Petitioner's  naval record be returned 

to the Board,  together with a copy of  this Report of  Proceedings,  for retention in  a 
confidential file maintained for such purpose, with  no cross reference being made a part of 
Petitioner's naval record. 

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 

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. 

DEPARTMENT OF THE H A W  

NAVY  mrsonnrr covrrm 

5720 INtEORltY DRIVE 

MlLLlNQtOl 111 38OS5-0000 

5420 
Ser 85/214 
7  Oct 99 

MEMORANDUM FOR BCNR 

Via: 

BUPERS/BCNR Coordinator 

Subj :  LT 

Ref: 

(a) NPC ltr 1426 Ser 85/140 of 14 Jul 99 

Encl : 

(1) BCNR File 

1.  Per ref  (a), enclosure  (1) is returned recommending approval 

I s  request for failure of selection removal and 
o active duty with a  1 June 1997 date of rank to 

Lieutenant Commander. 

on, Officer Promotions 
ed Advancements Division 

DEPARTMEWT OF THE NAVY 

NAW  CIRIOIN~ 

C O Y Y A ~ D  

1720 IHTIURITV b l l V I  

MlLLlNOtON t W  38051-0000 

5420 
Pers-44 15 J 
26 Oct 99 

MEMORANDUM FOR BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) 

Via: 

Assistant for BCNR Matters (PERS-OOZCB) 

Subj: 

REQUEST FO 
LIEUTENANT 

Ref: 

(a)  BCNR memo of 14 Oct 99 

Encl: 

(I)  BCNR File 

OF 

1 .   Per reference (a), enclosure (1) is returned recommending approval 
for failure of selection removal and reinstatement to active duty with a 
to Lieutenant Commander.  In addition to the review of enclosure (1). I also consulted several 
, ,, 
senior Navy pharmacists who both positively endorsed the performance 
Navy pharmacist. 

s request 
te of rank 

2.  If you have any questions, please call me