DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVYANNEX

WASHINGTON DC 20370-5100

HD:hd
Docket No: 02892-99
20 August 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 28 Apr 99 w/attachments
(2) PERS-85 memo dtd 11 Jul 99
(3) PERS-822 memo dtd 18 Jul 99
(4) PERS-43 memo dtd 28 Jul 99
(5) 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 to reflect that he was not retired on 1 March 1999; that he has served on active
duty continuously after that date; and that he was promoted to captain with the date of rank
and effective date he would have received, had he not left active duty.

2. The Board, consisting of Messrs. Bishop, Pfeiffer and Taylor, reviewed Petitioner’s
allegations of error and injustice on 12 August 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.

Petitioner retired from the Navy on 1 March 1999 as a commander after 22 years of
service. His reason for requesting retirement was that he did not believe he was promotable
to captain. The Fiscal Year (FY) 00 Captain Unrestricted Line Selection Board, which met
before he was to retired, recommended him for promotion, which would have allowed him to
complete 30 years of naval service. He asserts that had he known of his selection, he would
not have requested retirement. However, the results of the selection board were not
announced until 7 April 1999, after he had retired and was therefore no longer eligible for promotion.

c.

In correspondence attached as enclosure (2), PERS-85, the Navy Personnel

Command (NPC) office with cognizance over active duty officer promotions, has commented
to the effect that Petitioner’s request has merit and warrants full approval. PERS-85 has
advised that his projected promotion date, if his petition is approved, is 1 December 1999.

d.

In correspondence attached as enclosure (3), PERS-822, the NPC office with

cognizance over officer retirements, also recommended approval of Petitioner’s request to
remove his name from the retired list, return him to the active duty list, and allow his
promotion to captain to proceed as scheduled.

e.

In correspondence attached as enclosure (4), PERS-43, the NPC office with

cognizance over aviation officer distribution, has highly recommended approval of Petitioner’s
request.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2), (3) and (4), 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 that he was
not retired on 1 March 1999, but served on active duty continuously after that date; and that
he be reinstated to active duty accordingly.

b. That PERS-85 be notified of this action, so that Petitioner’s promotion pursuant to
his selection by the FY 00 Captain Unrestricted Line Selection Board can be effected when
due.

c. 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.

d. 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.

2

.~7Q -99

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

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.

~

W. DEAN P’1~T~N~
Executive Directo~\j’~

3

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 3805 5-0000

5420
Se r 85 / 137
11 Jul 99

MEMORANDUM FOR BCNR

Via:

BUPERS/BCNR Coordinator

Subj:

CDR WILLIAM B. STEDMAN, USN (RET.), 073-46-2836/1310

End:

(1) BCNR File

Enclosure (1) is returned recommending approval of CDR

1.
~~~equest
place his name on the active duty list resulting from his
selection to Captain from the FY-00 Active Captain Unrestricted
Line Promotion Selection Board.

to remove his name from the retired list and

2. CDPr~3j~Lired
The
regular selection board, which met before he was to be retired,
recommended him for promotion, however, results of the board had
not been released prior to his effective retirement date.

from active duty on 1 March 1999.

It is our determination that CDR

3.
and warrants approval.
Officer Retirements Branch (PERS-822) for further comment
regarding the validity and approval authority of member’s
request.

-

Recommend his “téques

be forwarded to

request has merit

BCNR Li~,~on,Officer Promotions
and Enl~sted Advancements Division

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 3805 5-0000

1811
PERS-822
18 Jul
99

MEMORANDUM FOP. EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters, Pers-OOZCB

Subj:

COMMENTS AND RECOMMENDATION ICO ~

RE

____

_____

Ref:

(a) NPC memo 5420 PERS-OOZCB of 14 Jul 99

End:

(1) BCNR file

Reference (a) requests comments and recommendations in

1.
subject officer’s case.
name be removed from the retired list, placed on the active
duty list and allow his promotion to Captain to proceed as
scheduled.

Specifically, Petitioner requests his

CtdJkl~IIWbmitted for voluntary retirement date of

2.
1 March 1999 on 1 September 1998.
approved and retirement orders issued 21 January 1999.
7 April 1999, C. _________~name appeared on the FY-00 active
duty captain line

Member’s request was

list.

On

In view of the information above, we recommend

3.
be allowed to return to active duty and complete his time
required as a Captain.

Enclosure (2) is returned.

____

Branch Hea

ficer Retirements

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 3105 5-0000

5420
PERS—43
28 Jul 99

From:
To:
Via:

Head Aviation Officer Distribution
Executive Director, Board for Correction
Assistant
(PERS—OOZCB)

for BCNR Matters

Branch (PERS-43)

of Naval Records

Subj:

REQUEST FO

COJ~1M~NTSAND RECOMMENDATIONS IN CASE OF CDR

~

Ref:

(a) Your memo of 20 Jul

99 w/encl

In response to reference (a), PERS-43 reviewed BCNR file

1.
02892-99. CDR*~~~etired lAW Navy Regulations and there
exists no requirements to alert separating officers of promotion
results prior to release of the ALNAV message.
inaccurate advice from the aviation detailing office which
influenced retirement request timing and ______________
desire to serve the Naval Service further, reques
removed from the retired list and placed on active duty.
Accordingly, his promotion to Captain should proceed as
scheduled.

obvious
name be

However, due to

2.

Highly recommend approval of BCNR request.