DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 04702-98
19 October 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
~
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
End:
(1) DD Form 149 dtd 27 May 98 w/attachment
(2) Memo for the Record dtd 3 Sep 99
(3) PERS-85 memo dtd 23 Jun 99
(4) 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 selected for promotion to that grade by
the Fiscal Year (FY) 97 Line Lieutenant Selection Board, vice the FY 98 Line Lirutenant
Selection Board.
Initially, he specifically requested an adjusted date of rank and effective
date of 1 December 1996. The memorandum for the record at enclosure (2) shows he
changed the date requested to 1 January 1997. His current date of rank and effective date are
14 October 1998.
2. The Board, consisting of Messrs. Caron, Frankfurt and Neuschafer, reviewed Petitioner’s
allegations of error and injustice on 15 October 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’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 (3), the Navy Personnel Command 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 January 1997.
~/‘F~ ~
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (3), 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 January 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
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.
F’~_W. DEAN PFEIFFER
Executive Director
2/ 7~2Q7
HD:hd
Docket No. 04702—98
3 September 1999
MEMORANDUM FOR THE RECORD
Subj:
~
USN
Ref:
(a) PHONCON between staff member and Petitioner
Per reference (a), Petitioher changed his original request to
1.
have his date of rank and effective date changed from 1~4 October
1998 to 1 December 1996.
2.
After receiving the advisory opinion, the Petitioner changed
the original request to correspond with the advisory opinion date
of backdating his date of rank in the grade of lieutenant as
1 January 1997.
/O DEPARTMENT OF THE NAVY
NAVY PI~SONNELCOMMAND
MILL1N:T0N TN 38055.0000
MEMORANDUM FOR BCNR
•
Ser85/128
23 Jun 99
Via:
BUPERS/BCNR Coordinator
Subj:
~
~
End:
(1) BCNR File
Enclosure (1) is returned recommending approval of1~’~
1.
request to backdate his date of rank.
Although there is normally no relief recommended in such
s selected by the FY-98 Active Lieutenant Line
The member is informed of this in his initial set of
2.
Pror~io idn Selection Board.
board by SECNAVINST 1420.1A because he became eligible befor~ a
promotion selection board prior to completing one year in the
Navy.
orders.
cases, it appears tha
initial orders and took
the FY-97 Lieutenant board.
date of rank be corrected to 1 January 1997, the date he wo
have had if selected by the FY-97 Active Lieutenant Line
Promotion Selection Board.
14 October 1998.
ecognized this statement in his
His current date of rank is
He was deferred before the FY-~97 )7~’
ble steps to correct this prior to
Therefore, recommend that
Recommend that his date of rank be backdated to 1 January
3.
1997.
BCNR Li ison, Officer Promotions
and En
~sted Advancements Division
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