DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 038 19-99
7 September 1999
From: Chairman, Board for Correction of Naval Records
To:
Subj: CDFT~ifl1*1jf~JMC, US~_.i1NIJ1LL~
Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
End:
(1) DD Form 149 dtd 8 Jun 99 w/attachments
(2) PERS-85 memo dtd 2 Aug 99
(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
commander she would have been assigned had she been confirmed in the expected time for an
officer selected by the Fiscal Year 98 Selection Board. She specifically requested a date of
rank and effective date of 1 February 1998. Her current date of rank and effective date are
26 May 1999.
2. The Board, consisting of Messrs. Caron, Hogue and Neuschafer reviewed Petitioner’s
allegations of error and injustice on 2 September 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 (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 her
commander date of rank (and by implication, effective date) to 1 February 1998.
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 her date of
rank and effective date in the grade of commander as 1 February 1998; and that her 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
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
5.
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.
2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTE0R~TYDRIVE
MILLINOTON TN 38055-0000
5420
Ser 85/157
2 Aug 99
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj:
~
MC, US~
End:
(1) BCNR File
1.
Enclosure (1)
is returned recommending approval of Commander
to backdate her date of rank to 1 February 1998.
~
~
selected by the FY—98 Active Commander Staff
2
Promotion Selection Board.
processing, approval of her promotion was delayed.
promotion was approved after her projected promotion date of
1 February 1998.
1999
Due to a delay in administrative
~
current date of rank is 26 May
The subject
3.
Recommend her date of rank be backdated to 1 February 1998.
LiaA~on, Officer Promotions
~LNR
and EnHsted Advancements Division
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