DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 04509-01
20 July 2001
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
JAGC, USNR
(4
(1)
(2)
(3)
Title 10 U.S.C. 1552
DD Form 149 dtd 1 Jun 01 w/attachments
PERS-85 memo dtd 29 Jun 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 to show the lineal position, date of rank, and effective date in the grade of
lieutenant he would have been assigned had his promotion been approved without
administrative delay. He specifically requested a date of rank and effective date of
1 May 200 1 vice 1 June 2001.
2. The Board, consisting of Messrs. Kastner and
Petitioner’s allegations of error and injustice on 19 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.
Mazza and Ms. Wiley, 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), the Navy Personnel Command (NPC)
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 recommend changing his
lieutenant date of rank (and by implication, effective date) to 1 May 2001 vice 1 June 2001.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected, where appropriate, to show his date of
2001; and that
rank and effective date in the grade of lieutenant as 1 May 2001 vice 1 June
his lineal precedence be adjusted accordingly.
b. 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 recommendation be
’s record and that no such entries
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
confidential file maintained for such purpose.
’s record, for retention in a
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.
Acting Recorder
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.
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON
TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-85
29 Jun 01
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj: L
SNR
Encl:
(1) BCNR File
1.
Enclosure (1) is returned, recommending approval
request to backdate his date of rank.
of
Due to administrative delay, presidential approval was not
2.
received by Navy Personnel Command (PERS-85) until 12 April
2001.
NAVADMIN was already complete, this delay
cause
to be placed on the
date
Recommen
une 2001.
date of rank backdate to 01 May 2001.
IN and given a
be granted a
and Enlisted Advancements Division
Officer Promotions
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