DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 07200-99
16 February 2000
From: Chairman, Board for Correction of Naval Records
To:
Subj: L~IIL1’11
Secretary of the Navy
~iirn,
REVIEW OF NAVAL RECORD
~
Ref:
(a) Title 10 U.S.C. 1552
End:
(1) DD Form 149 dtd 21 Sep 99 w/attachments
(2) PERS-85 memo dtd 27 Jan 00
(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 been promoted in due course. He specifically
requested a date of rank and effective date of 1 October 1998. His current date of rank and
effective date are 24 November 1998.
2. The Board, consisting of Mses. Humberd and Nofziger and Mr. Taylor, reviewed
Petitioner’s allegations of error and injustice on 10 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 a~idinjustice, 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 1998.
12C() -‘79
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 his date of
rank and effective date in the grade of lieutenant as 1 October 1998; and that his 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
~
JONATHAN S. RUSKIN
Acting Recorder
I
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)) ~nd 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.
Executive
2
JEPARTMENT OF THE NAV\
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
Ser 85/0123
27 Jan 00
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj: L~
juj—nim~. USN,
End:
(1) BCNR File
Enclosure (1) is returned, recommending approval of
1.
Lieutenan#~l~j~request to backdate his date of rank.
selected by the 28 January 1999, FY-99
2. L1~~~jas
Active-D~?E~tieutenantLine Special Promotion Selection Board.
His current date of rank, 24 November 1999, is the date given to
him as though he was selected by the FY-99 Active-Duty
Lieutenant Line Promotion Selection Board.
This is correct.
However, due to a delay in administrative processing of the
regular board, officers selected by this board whose projected
promotion dates were either 1 October 1998 or 1 November 1998,
were given an option to request relief in the form of back-dated
dates via petitions to the Board for Correction of Naval Records
(BCNR). In~~J~~Lfase, he has exercised his option to
backdate his date of rank accordingly.
Recommend approval
3.
date of rank to 1 October 1~98
~ request to backdate his
BCNR L~/aison, Officer Promotions
and Enl’isted Advancements Division
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