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 ANNU(
WASHINGTON DC 20370-5100
TRG
Docket No: 7184-99
23 February 2000
From: Chairman', Board for Correction of Naval Records
To :
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) BCNR ltr Docket No; 5501-96 of 16 March 1998
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the United States Navy filed enclosure (1)
with this Board requesting advancement to CA (E-2) and CN (E-3) .
L
reviewed Petitioner's allegations of error and injustice
and *
The Board, consisting oPqglllPr)13srPeJerI
on 23 February 2000 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. Enclosure (1) was filed in a timely manner.
cs At enclosure (2) is the Board's recommendation to
restore Petitioner to active duty, which was approved by the
Principal Deputy Assistant Secretary of the Navy (Manpower and
Reserve Affairs) on 24 April 1998. The Board did not recommend
advancement in rate at that time because she had not completed
recruit training and there was no evidence she would actually
return to active duty. Petitioner was apparently not restored to
duty until early 1999. Since then she has completed recruit and
rate training and has reported to her first duty station.
d. In her application, she requests advancement to CA on 16
July 1996 and to CN on 16 March 1997. These advancement dates
are the date she would have first been eligible if she had been
advanced in due course. A review of enclosure (3) shows that she
was shipped to recruit training with the notation that she should
be advanced to E-2 or E-3 based on the college credits shown on
her college transcripts. These transcripts are not available to
the Board.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes the Board's action taken in 1998 which
found that her separation on 11 December 1995 was improper and
directed her reinstatement to active duty as if she had never
been separated. Since she has returned to active duty, is
serving in a satisfactory manner and has completed the
requiremerfts for advancement, the Board concludes that
advancement to CN is appropriate.
The Board notes that Petitioner would have been advanced to CA or
CN while in recruit training based on her college transcripts.
The Board believes that although the college transcripts are not
available it is probable that she would have been advanced to CN.
Given the circumstances of the case, which includes a delay of
almost a year in returning her to active duty, the Board
concludes that the most equitable way to correct the record is to
show that she enlisted in the Navy on 11 September 1995 as a CN.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she enlisted in the Navy on 11 September 1995 in the rate of CN
(E-3) .
b. 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.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with 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. 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
G ~ ~ * k
GARY L. ADAMS
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 t
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