DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD: hd
Docket No: 04613-01
16 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: C D
u s
REVIEW OF NAVAL RECORD
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
(4)
(5)
DD Form 149 dtd 6 Jun 01
PERS-85 memo dtd 28 Jun 01
BCNR rept in Subject’s prior case,
docket no 5876-00, dtd 22 Jan 01
Memo for Record dtd 16 Jul 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
commander he would have been assigned had he been selected for promotion to that grade by
the Fiscal Year (FY) 01 Active Duty Line Commander Selection Board, vice the FY 02
Active Duty Line Commander Selection Board. His current date of rank and effective date is
1 October 2001.
2. The Board, consisting of Messrs. Carlsen and
Petitioner’s allegations of error and injustice on 12 October 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.
Caron and Ms. Suiter, reviewed
c The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
3.
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.
In correspondence attached as enclosure
(2), PERS-85, the Navy Personnel
b.
(NPC) office with cognizance over the subject matter of this case, has commented
Command
to the effect that Petitioner’s request has merit and warrants favorable action. They stated
that he had been granted a record correction by this Board’s action on 22 January 2001 (copy
(3)); that the Board had recommended that he be granted a special selection
at enclosure
board for the FY 01 Active Duty Line Commander Selection Board, but before the special
board, he was selected by the regular FY 02 board; and that it is reasonable to consider that
had his record gone before the FY 01 regular board, he would have been selected.
C. The memorandum for the record at enclosure (a) shows PERS-85 advised that
Petitioner would have received a date of rank and effective date of 1 August 2001, had he
been promoted pursuant to selection by the FY 01 Active Duty Line Commander Selection
Board.
iic)
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
(4), 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, where appropriate, to show his date of
rank and effective date in the grade of commander as 1 August 2001 vice 1 October 2001;
and that 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.
r
‘.
/
&&$&T& ‘*
Bc
JONATHAN S.
RUSKIN
Acting Recorder
(4$&&r&_
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.
ce W. DEAN PFEIFFER
Executive Director
DEPARTMENTOFTHENAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
5420
PERS-85
28 Jun 01
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj: LC
USN
Encl:
(1) BCNR File
1.
LCD
Enclosure (1) is returned,
recommending approval of
guest to backdate his date of rank.
as granted a record correction by BCNR on
2001.
All administrative and BCNR actions were
January
completed on 02 February 2001.
granted a FY-01 Active Duty Commander Line Special Promotion
Selection Board.
BCNR recommended the member be
22
al selection board, scheduled 27 July
as selected b
the regular
on Board.
record gone before the
FY-02 Active
It is reasonable
FY-
Recommend LCDR
en selected.
to consider that had
e granted the requested date of rank backdate.
and Enlisted Advancements Division
MEMORANDUM FOR THE RECORD
Subj:
HD:hd
16 July 2001
This memorandum for the record is to document a
1.
conversation between this staff member and Lieutena
USN,
2.
approval of member's request to backdate his date of rank but
Pers-85.
In their advisory opinion dated 28 June 01, they recommend
commander would have been 1 August 01 had he gone before the
FY 01 Commander Line Selection Board.
rovide that date assigned.
dicated that member's date of rank in the grade of
In this phone conversation
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