DEPARTMENT OF TH ’E’NAVY

BOARD FOR  

CORRECTI

%+I

OF NAVAL  

RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

HD: hd
Docket No: 03343-01
13 July 2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

REVIEW OF NAVAL RECORD

I, 

USNR

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

Title 10 U.S.C. 1552

DD Form 149 dtd 22 Apr 01 w/attachments
Pers-911 memo dtd 14 Jun 01
PERS-86 undtd memo
Subject’s naval record

From:
To:

Subj 
:

Ref:

Encl:

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, U. S. Naval
Reserve from 22 December 1998 to 2 February 1998, the day after he left active duty; and
that his lieutenant date of rank be changed accordingly from 2 February 1997 to 1 June 1996
(the date of rank he originally held in that grade). He also requested a special selection
board for the Fiscal Year 
as he missed consideration by that promotion board.

(FY) 02 Unrestricted Line Lieutenant Commander Selection Board,

2. The Board, consisting of Messrs. Tew and 
Petitioner’s allegations of error and injustice on 12 July 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.

McCulloch and Ms. Gilbert, reviewed

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), PERS-911, the Navy Personnel
Command 
(NPC) office with cognizance over Naval Reserve personnel administration
commented to the effect that Petitioner’s request to change the acceptance date of his
commission has merit and warrants favorable action. They stated that if his request is
approved, they will submit a corrected acceptance and oath of office document and a

has

corrected statement of service to reflect no 
entry base date.

bre& in service, and they will also adjust his pay

In correspondence attached as enclosure 

(3), PERS-86, the NPC office with

c.

cognizance over Naval Reserve officer promotions and appointments, has agreed with
enclosure (2) and commented that if Petitioner ’s request to change the acceptance date of his
commission is approved, they will amend his promotion history record to reflect the date of
rank he had when he left active duty, 1 June 1996, and they will request a special selection
board for him.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
(3), the Board finds the existence of an injustice warranting
contents of enclosures (2) and 
the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected to show he accepted his commission as a

lieutenant, U. S. Naval Reserve on 2 February 1998, vice 22 December 1998.

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

C. That his naval record be corrected further to show the date of rank on his

commission as a lieutenant, U. S. Naval Reserve as 1 June 1996, vice 2 February 1997; and
that his lineal precedence be adjusted accordingly.

d. That the Chief of Naval Operations grant Petitioner a special selection board for the

FY 02 Unrestricted Line Lieutenant Commander Selection Board.

e. 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.

f. 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.

2

Pr&dures of the Board for Correction of Naval
4. Pursuant to Section 6(c) of the revised 
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.

i

ROBERT D. ZSALMAN
Recorder

x

<&yL&zd_d 
JONATHAN S. 
Acting Recorder

CL 
RUSKIN

4&

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.

Executive 

Direc

3

DEPARTMENT OF

 
PERSON EL COMMAN
INTE

NAVY 
If
RlTY  DRIVE
MILLINGTON TN  

38055-0000

5720 

T,HE NAVY

D

TO

IN  REPLY REFER  

542 0
Pers-911
14 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Assistant for BCNR Matters (Pers-OOZCB)

RECOMMENDATIONS ICO
SNR,

Encl:

(1) BCNR memo 5420 Pers-OOZCB of 8 Jun 01

Enclosure  (1) is forwarded with the following comments and

1.
recommendations concerning

case.

Based on the information i
2.
that there was an administrati
his 0
that
he hadn't completed his military service obligation.

The separation orders specifically state

was required to accept a reserve appointment, as

petition, we agree
in the processing of

s Oath of Office is currently on file in his
rd at Navy Personnel Command.

3.
perm
hanged from 22
the date of acceptance on the Oath o
request is
December 1998 to 2 February 1998.
ce and a
approved,
corrected statement of service to reflect no break in service.
We will also adjust his Pay Entry Base Date to reflect no break
in service.

we will submit a corrected

We recommend that

If

of contact in
commercia
r 

DSN

Personnel Administration Division

Naval Reserve

DEPARTMENT OF

THE NAVY
 

NAVY 

5720 

PERSONYEL  COMMAND
INiEGRITY  DRIVE

MILLINGTON TN 38055-0000

.“2
( 

 

!

ci/

-qJ 

‘2,

 

5420
PERS-86

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

SNR,

Encl:

(1) BCNR File  

03343-01  w/Service Record

We are returning enclosure (1) with the following

1.
observations and recommendation that Lieutena
petition be approved.

We are in agreement 

with*&.e&+ER?E9&visory  opinion that

date of 

rx&  of 22 December  1998 was

This error was obviously an administrative oversight
o maintain day for

2.
Lieutenant
incorrect.
and sho
day con
PERS-86
date of
request

uld be corrected to 2
.tinuity.

If Lieutenan
will amend his promot
rank he had when he 1
a special selection board fo

ed,
t the
and

Reserve Officer

?Gector,
Appointments, and
Promotions,
Enlisted Advancement Division