DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 203704100
HD: hd
Docket No: 04142-00
1 September 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
EC, US
RECORD
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 30 May 00 w/attachments
(2) PERS-86 memo dtd 1 Aug 00
(3) 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 his naval record be corrected to
show he accepted his commission in the Naval Reserve on 31 March or 1 April 2000, to
reflect no break in service after he left active duty on 31 March 2000. His current
acceptance date is 3 April 2000.
2. The Board, consisting of Messrs. Ensley, Schultz and Swarens, reviewed Petitioner’s
allegations of error and injustice on 24 August 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 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 office
with cognizance over the subject matter of this case has commented to the effect that
Petitioner’s request has merit and warrants favorable action. They note that because of his
break in service, he was not considered by the Fiscal Year (FY) 01 Naval Reserve Staff
Lieutenant Commander Selection Board. They recommend that his acceptance date be
adjusted to 31 March 2000, and that his record go before a special selection board.
.-
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
(2), the Board finds the existence of an injustice warranting
advisory opinion at enclosure
correction of Petitioner ’s record to close his break in service, and his consideration by a
special selection board. They find his acceptance date should be corrected to 1 April 2000,
the day after his last day of active duty, rather than 31 March 2000, the date recommended
in the advisory opinion.
In view of the above, the Board directs the following corrective
action:
RECOMMENDATION:
That Petitioner ’s naval record be corrected, where appropriate, to show he
cadmmission in the Naval Reserve on 1 April 2000, rather than 3 April 2000.
accepted
his
b. That his anniversary date and pay entry base date be adjusted accordingly.
C. That he be afforded a special selection board for the FY 01 Naval Reserve
Lieutenant Commander Selection Board.
Staff
d. That any material or entries inconsistent with the Board
corrected, removed or completely expunged from Petitioner
or material be added to the record in the future.
’s recommendationbe
’s record and that no such entries
e. 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
confidential file maintained for such purpose.
in a
’s record, for retention
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.
&z&W
JONATHAN S.
Acting Recorder
RUSKIN
/[
&&A
ROBERT D. ZSALMAN
Recorder
2
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.
3
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-86
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST
LIEUTEN
E OF
5
Encl:
(1) BCNR File 04142-00 w/Service Record
1.
We are returning enclosure (1) with the recommendation that
request to adjust his Reserve affiliation date
be approved.
s not considered by the FY-01 Reserve
Staff Corps Board due to a three day break
Lieutenant
in service between his separation from active duty and his
reserve affiliation
should have informe
immediately affilia
recommend that PERS-854 issues a new acceptance and oath of
office and that his record goes before a
board.
the consequences of not
e Naval Reserve.
special selection
rging PSD and Reserve Recruiter
We further
Promotions,
Appointments, and
Enlisted Advancement Division
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