DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 01316-00
25 February 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: LCDR~
~i~ITITflflE~~
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
End:
(1) DD Form 149 dtd 16 Feb 00
(2) PERS-85 memo undtd
(3) Subject’s naval record
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removal of his failure of selection for promotion before the Fiscal Year (FY) 00
Line Commander Selection Board, so as to be considered by the selection board next
convened to consider officers of his category for promotion to commander as an officer who
has not failed of selection for promotion to that grade.
2. The Board, consisting of Messrs. Bartlett, Ensley and Frankfurt, reviewed Petitioner’s
allegations of error and injustice on 25 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 pc5licies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error a~ndinjustice, 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. Petitioner contends that his official record was erroneously reviewed by the FY 00
Line Commander Selection Board as above-zone, when it should have been reviewed as
above-zone not previously considered.
c.
In correspondence attached as enclosure (2), the Navy Personnel Command office
having cognizance over active duty promotions has commented to the effect that Petitioner’s
request to remove his failure of selection for promotion should be approved.
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, so that he will be
considered by the earliest possible selection board convened to consider officers of his
category for promotion to 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. RUSKIN
Acting Recorder
-/~ 1’Z~
~
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
02/22/00
TUE 11:19 FAX 9018742751
NPC-85
L~002
DEPARTME~NT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITy DRIVE
MILUNGTON TN 38085.0000
5420
Ser 85!
MEMORANDUM FOR BCNR
Via:
Subj:
~Q~’ERS/BCNR Coordinator
LCrr~~1jlI~
..- ~
End:
(1) BCNR File
Enclosure (1) is returned recommending approval of
1.
~
re~TEmn~gfrom the FY-0O Active-Duty Line Commander Promotion
Selection Board.
to remove his failure of selection
Result oe a E’ERS-85 internal audit revealed that
2.
L~$1fa~JIlLcord was erroneously reviewed as above—zone vice
above—zone not previously considered before the FY-OO Active—
Duty Line Commander Promotion Selection Board.
administrative error was made by BUPERS and hi.s record was
reviewed in error.
Consequently, an
3.
Recommend approval of his ~equest.
and Enl~fstedAdvancements Division
~fficer Promotions
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