DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

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Docket No: 01115-01
15 August 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj 

:

LCD
REVIEW OF NAVAL RECORD

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)

DD Form 149 dtd 7 Feb 01 w/attachments
Pers-9 11 memo dtd 4 Apr 01
PERS-86 memo dtd 19 Apr 01
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 the date of acceptance of his commission as a lieutenant commander,
U. S. Naval Reserve from 14 June and 28 July 1999 to 1 June 1999, the day after he left
active duty, and that he be administratively promoted to commander. He was selected by the
Fiscal Year (FY) 02 Naval Reserve Line Commander Selection Board, but he has not yet
been promoted.

2. The Board, consisting of Messrs. Bishop, Morgan and Shy, reviewed Petitioner’s
allegations of error and injustice on 9 August 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 

(2), the Navy Personnel Command (NPC)
office with cognizance over Naval Reserve personnel administration has commented to the
effect that Petitioner’s request to change the acceptance date of his 
and warrants favorable action. They recommend changing the date of acceptance on the oath
of office to 1 June 1999 and state that if this recommendation is approved, they will submit a
corrected oath of office and statement of service to reflect no break in service.

commissioin has merit

In correspondence attached as enclosure 

(3), the NPC office with cognizance over

C.

Naval Reserve officer promotions has commented to the effect that Petitioner ’s request for
administrative promotion to commander should be disapproved, as promotion cannot properly
be accomplished without selection by a statutory promotion board (as noted above, he has
been selected for promotion to commander, so  “administrative promotion ” is unnecessary).
However, they stated that if his request for correction of his acceptance of oath date is
approved, and he is selected by the FY 02 promotion board, they would recommend
assigning him a commander date of rank commensurate with his active running mate,
1 October 2000. As Petitioner has not yet been promoted to commander, and he did not
request that his promotion be backdated, this recommendation is premature. When he is
promoted to commander, he may submit a new application to this Board to adjust his
commander date of rank and effective date to reflect selection by the FY 01 Naval Reserve
Line Commander Selection Board.

CONCLUSION:

Upon review and consideration of all the evidence
(3), the Board finds
contents of enclosures (2) and 
the following limited corrective action.

of record, and especially in light of the
the existence of an injustice warranting

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected, where appropriate, to show he accepted

his commission as a lieutenant commander, U. S. Naval Reserve on 1 June 1999, vice
14 June and 28 July 1999.

b. That his anniversary date and pay entry base bade be adjusted accordingly.

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.

e. That the reminder of Petitioner ’s request be denied.

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

/.&&,&Td  A

JONATHAN S. 
Acting Recorder

./~&-e&W

_.& 
RUSKIN

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

DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

TQ

JN REPLY REFER  

542 0
Pers-911
4 Apr 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (Pers-OOZCB)

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATIONS
LCD

ICO

Encl:

(1) BCNR memo 5420 Pers-OOZCB of 11 May 00

Enclosure (1) is forwarded with the following comments and

1.
recommendations concernin

Based on the information in

2.
agree that there was an  
adminis
processing of his Oath of Office.
active commission he requested a reserve commission, was
recommended for one, and one was issued.

In his request to resign his

s petition, we

s  Oath of Office is currently on file in his
We recommend that

3 .
pe
e changed from 28
the date of acceptance on the Oath
July 1999 to 1 June 1999.
request is
approved, we will submit a corrected Oath of Office and a
corrected statement of service to reflect no break in service

Navy Personnel Command.

If LCDR

4.
The
address

e Officer Promotions Branch (PERS-861) will

request for promotion.

f contact i
commercia
r 

n White at DSN

Administration Division

1 Reserve

DEPARTMENT OF THE NAVY
NAVY PERSONNEL   COMMAN D

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

542 0
PERS-86
19 
AR? 

zoo1

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
LCD

,USNR

Encl:

(1) BCNR File 01115-01 

w/Servic'e  Record

We are returning enclosure (1) with the following

1.
observations and 

his request for promotion to Commander be disapproved.

request

recommendatio
for date o

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;zmm;;;z;ed  

and

2 .
We are in agreem
Lieutenant Commander
an administrative er
to maintain service continuity.

PERS-9 advisory  
14 June 1999 date of 
Id be corrected to 1 June 1999

o@.@on that

-x's 

c

request for promotion can
fficer  promotion can only be

Lieutenant Commande
adminis

3 .
not be approved  
accomplished through selection by a statutory promotion board.
Lieutenant Commander Gigliotti was deferred for promotion
consideration by the FY-01 Naval Reserve Commander Line
selection board due to the break in service between his active
duty resignation and his reserve Acceptance of Oath date.
Consequently, his record was not considered until the FY-02
Naval Reserve Commander Selection Board convened in March 2001.
The results from that board will be released approximately 60-90
days from the date of the board's adjournment.

If Lieutenant Commander

4.
request for correction
of his Acceptance of Oath date is approved and he is selected by
the FY-02 board, we would further  
recommend  an assignment of a
date of rank commensurate with his Active-Duty running mate
which is 1 October 2000.

_

Promotions, Appointments, and
Enlisted Advancement Division