DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 203704100
HD:hd
Docket No: 04707-00
12 October 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Refi
Encl:
LCD
REVIEW OF NAVAL
REC*ORD
u s
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 4 Jul 00 w/attachments
(2) PERS-85M memo dtd 8 Sep 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 the applicable naval record be
corrected to show the lineal position, date of rank, and effective date in the grade of
lieutenant commander he would have been assigned had he
(FY) 97 Line Lieutenant Commander Selection Board, vice the
that grade by the Fiscal Year
FY 98 Line Lieutenant Commander Selection Board. He also impliedly requested removal of
his failure of selection before the FY 97 Line Lieutenant Commander Selection Board.
been selected for promotion to
2. The Board, consisting of Messrs. Bishop, Kastner and Pfeiffer, reviewed Petitioner’s
allegations of error and injustice on 5 October 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.
(2), the Navy Personnel Command
In correspondence attached as enclosure
(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 commander date of rank (and by implication, effective date) to 1 July 1997. By
this recommendation, they further impliedly recommend removing his failure of selection
before the FY 97 Line Lieutenant Commander Selection Board.
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 to show he did not fail of selection by
the FY 97 Line Lieutenant Commander Selection Board.
b. That his naval record be further corrected, where appropriate, to show his date of
rank and effective date in the grade of lieutenant commander as 1 July 1997; and that his
lineal precedence be adjusted accordingly.
c. That any material or entries inconsistent with or relating to the Board
recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be
added to the record in the future.
’s
’s record and
d. That any material directed to be removed from Petitioner
’s naval record be
returned to this 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.
.of the revised Procedures of the Board for Correction of Naval
4. Pursuant to Section 6(c)
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
P&
4..
RUSKIN
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.
w W. DEAN PFEIFFER
Executive Director
3
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-85M
08 Sep 00
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj:
LCD
USN,
Ref:
(a) BCNR
(b) CNP
ltr 5420 PERS-OOZCB of 10 Aug 00
26/125 of 20 May 97
ltr 1401 Ser
Encl:
(1) BCNR File
#04707-00
’ 1.
Enclosure (1) is returned recommending approval of
s request to backdate his date of rank
commensurate with the date that would have resulted from
selection on the FY-97 Active Lieutenant Commander Line
Promotion Selection Board.
Per reference (a),
2.
(b), he
Per reference
FY-97 Lieutenant Comma
Board on 20 May 1997.
selection to LCDR on the FY-98 Active Lieutenant Commander Line
Promotion Selection Bo
should be assumed that
on a FY-97 special board.
equest is supported.
approval for a
romotion Selection
d on 29 April 1997. It
ould also have selected
This board was not held due to his
3.
Recommend his date of rank be backdated to 1 July
1997.
4
JIO
Lia-on,
BCNR
Enlisted Advancements Division
Officer Promotions and
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