DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

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Docket No: 00666-01
15 June 2001

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: LCDR Sq iiaiiiiiinibee ssc, US

REVIEW OF NAVAL RECORD

 

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 dtd 20 Jan 01 w/attachments
(2) Memo for Record dtd 5 Jun 01
(3) Pers 85 memo dtd 14 Mar 01
(4) Memo for Record dtd 6 Jun 01
(5) 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 by changing her date of rank and effective date in the grade of lieutenant
commander to reflect selection by the Fiscal Year (FY) 97 Active Duty Staff Lieutenant
Commander Selection Board, and that her lineal precedence be adjusted accordingly. The
memorandum for the record at enclosure (2) shows she amended her application to request
that her date of rank and effective date in the grade of lieutenant commander be adjusted to
reflect selection by the FY 98 Active Duty Staff Lieutenant Commander Selection Board.
Her current date of rank and effective date is 1 October 1998.

2. The Board, consisting of Messrs. Kastner, Swarens and Whitener, reviewed Petitioner’s
allegations of error and injustice on 7 June 2001, 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), PERS-85, the Navy Personnel
Command (NPC) office with cognizance over the subject matter of this case, has commented
to the effect that Petitioner’s amended request has merit and warrants favorable action.
c. The memorandum for the record at enclosure (4) shows PERS-85 advised that
Petitioner would have received a date of rank and effective date of 1 December 1997, had
she been promoted pursuant to selection by the FY 98 Active Duty Staff Lieutenant
Commander Selection Board.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (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 her date of
rank and effective date in the grade of lieutenant commander as 1 December 1997 vice
1 October 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 JONATHAN S. RUSKIN
Recorder Acting Recorder

O0EEG-T/
00666-A4

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.

W. DEAN PFEI
Executive Directo
Ob O|

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Docket No: 00666-01
5 June 2001

MEMORANDUM FOR THE RECORD

te, SN , Aiea

1. This memorandum for the record is to document a phone conversation
between subject officer and this staff member.

 

Subj: LCDR

2. SNO agreed to the recommendation in the advisory opinion provided
by PERS-85 in which they recommend a backdate to FY-98.

3. SNO indicated that this would help her in the long run because
if given the earlier date of rank (FY-97) she would not have enough

fitness reports in the record and would probably fail to select for
commander when coming up in the next selection board for the rank.
COCEE*O/

JEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

 

5420
Pers 85
14 Mar O01
MEMORANDUM FOR BCNR
Via: BUPERS/BCNR Coordinator
Subj: LCD REA—ia_amammINGAiese illite aem sigan
Ref: (a) Pers-85 memo of 19 Jun 00
Encl: (1) BCNR File
1. Enclosure (1) is returned, recommending disapproval of LCDR
request for a FY-97 backdate for the rank of Lieutenant
Commander.

Bs LCD Rigi uggests an entitlement to a FY-97 Lieutenant
Commander date of rank by improperly citing 10 USC Sec. 611.
Special selection boards are governed by 10 USC Sec. 628, which
allows a special selection board to consider for promotion
officers who either were not considered by a promotion selection
board as a result of error, or who were considered, but due to
administrative or material error did not receive lawful or
proper consideration.

3. LCs s approved by SECNAV for both a FY-97 and FY-
98 Active Duty Lieutenant Commander Staff Special Selection
Board. After failing to select on the FY-97 board, held on 26
May 00, it was discovered that she had been selected as a
Lieutenant Commander on the FY-99 0-4 Reserve Staff board. BCNR
was notified through ref (a) that the FY-98 special selection
board was not required. Because LC @?iiMMMMBPailed to select
during the FY-97 board, it is not possible to grant her a FY-97
date of rank, yet based on her corrected record and the granting
of the special board, it is reasonable to consider the member’s
promotion to Lieutenant Commander was possible during FY-98.

4. Recommend disapproval of the request for a backdate to the
rank of Lieutenant Commander for FY-97 and recommend a backdate
to FY-98.
- Liaison, Officer Promotions
And Enlisted Advancements Division
006CE-O/

6 June O1

MEMO FOR RECORD
re: Ochi anmEaEs SC, USNR caiman
On this date PERS-s64qgeaiaaiil (hiliiaaiiiiiimAeR ould have received a date of

rank and effective date of T Dec 97, had she been promoted pursuant to selection by the
FY 98 Active Duty Staff LCDR Sel Bd.

 
    

Fk

Head, Performance Section