DEPARTMENT OF
NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
THE
2
NAVY ANNEX
WASHINGTON.
DC. 20370-5100
HD: hd
Docket No: (X3728-98
19 March 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: L
REVIEW OF NAVAL RECORD
, USN;
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 dtd 15
NPC-85 memo dtd 2 Mar 99
Subject’s naval record
Dee
98 w/attachment
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by
removing his failure of selection for promotion before the Fiscal Year 99 Line Lieutenant
Commander Selection Board, so as to be considered by the selection board next convened to
consider officers of his category for promotion to lieutenant commander as an officer who
has not failed of selection for promotion to that grade.
2. The Board, consisting of Mses. Humberd and Moidel and Mr. Lippolis, reviewed
Petitioner’s allegations of error and injustice on 18 March 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
of error and injustice, finds as follows:
’s allegations
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
having cognizance over active duty promotions has commented to the effect that Petitioner
request to remove his failure of selection for promotion should be approved.
’s
CONCLUSION:
Upon review and consideration of all the evidence of record,
contents of enclosure
following corrective action.
Board finds the existence of an
(2), the
and especially in light of
injustice warranting the
the
RECOMMENDATION:
a. That Petitioner’s record be corrected so that he will be considered by the earliest
possible selection board convened to consider officers of his category for promotion to
lieutenant commander as an officer who has not failed of selection for promotion to that
grade.
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 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.
Acting Recorder
RUSKIN
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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
the Board on behalf of the Secretary of the Navy.
(a), has been approved by
2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINDTON TN
38055-0000
5420
Ser
2 Mar 99
85/034
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj: LT
Encl:
(1) BCNR File
1.
Enclosure (1) is returned,
recommending approval of LT
equest to remove his failure of selection resulting from
Active Lieutenant Commander Line Promotion Selection
His Performance Summary Report (PSR) cover page as
Board.
reviewed by the board,
Resignation."
and was material to the board's decision.
was erroneously stamped "SECNAV Approved
The PSR included evaluations of his performance
previously submitted a letter of resignation that
2.
Prior to the FY-99 Lieutenant Commander Line
had been approved.
Promotion Selection Board, he submitted a letter of withdrawal of
his resignation and received CHNAVPERS approval of his request
prior to the board's convening.
copy of his approved resignation withdrawal letter was not
provided to the Promotion Selection Board for consideration.
Due to a delay in processing, a
Consequently, an administrative error was made by BUPERS,
3.
therefore,
FY-99 Selection Board ensuring the review of his record as an
officer not previously considered before the FY-00 Active
Lieutenant Commander Line Promotion Selection Board.
recommend removal of his failure of selection from the
4 .
Recommend approva
l
Officer Promotions
Advancements Division
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