DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD: hd
Docket No: 04799-01
15 October 2001

From:
To:

Subj:

Ref:

Encl:

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

LCD
REV

(4
(1)
(2)
(3)

Title 10 U.S.C. 1552

DD Form 149 dtd 8 Jun 01
PERS-86B memo dtd 17 Aug 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 by removing his failure of selection before the Fiscal Year (FY) 02 Naval Reserve
Line Commander Selection Board, so as to be considered by the selection board that next
convenes to consider officers of his category for promotion to the grade of commander as an
officer who has not failed of selection for promotion to that grade. He further requested that
he be granted a special selection board.

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

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. Enclosure (1) was filed in a timely manner.

C.

Petitioner contends that his record as presented to the FY 02 Naval Reserve Line

Commander Selection Board was not an accurate or current reflection of his performance as
a lieutenant commander, as his most current fitness reports (dated 30 September 2000 and
10 March 2001) were not included.

d.

’s

In correspondence attached as enclosure 

(2), the Navy Personnel Command (NPC)

office having cognizance over reserve officer promotions has recommended that Petitioner
application be approved in full. They stated that the fitness report of 10 March 2001 could
not have been considered, as the promotion board in question convened on 5 March 2001.
However, they advised that when the report of 30 September 
2000 was scanned into the
fitness report system, the front page was entered correctly, but the back page 
belonged to
another officer; that this was the same copy that  would have been in the system during the
board and would have appeared the same; and that with a back page from a different person,
the report probably would not have been given to the board. On this basis, they stated they
believed that a material error may have existed in Petitioner
own, and that his record before the promotion board was most likely incomplete.

’s record through no fault of his

e.

Petitioner ’s naval record still includes the fitness report at Tab A, whose front page
is from his own report for 11 March to 30 September 2000, but whose back page belongs to
a different officer. The Board ’s staff has brought this error to the attention of the NPC
office responsible for records control and quality assurance. They indicated they would
contact the performance evaluation branch to have the error corrected.

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 record be corrected so that he be considered by the earliest possible

selection board convened to consider officers of his category for promotion to commander as
an officer who has not failed of selection for promotion to that grade.

b. That Petitioner be granted a special selection board for the FY 02 Naval Reserve

Line Commander Selection Board.

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 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

It is certified that a quorum was present at the Board
4.
the foregoing is a true and complete record of the Board
matter.

’s review and deliberations, and that
’s 

procee&ngs in the above entitled

ROBERT D. ZSALMAN
Recorder

JONATHAN S. 
Acting Recorder

RUSKIN

5. The foregoing report of the Board is submitted for your review and action.

Reviewed and approved:

* (lu.
.

Special selection board for FY 02 Naval Reserve Lin
approved:

ommander Selection Board is

Gordon R. England
Secretary of the Navy

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

542 0

pE&- 

7 

“7” 

2001

MEMORANDUM FOR EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF

DE

I

Encl:

(1) BCNR File 04799-01 w/Service Record

We are returning enclosure (1) with the following

1.
observations and recommend that Lieutenant Command
petition be approved.

quests the removal of the failure of select
Commander Promotion Selection Board and that

The basis for this

Therefore, we

fitness report of

The board, 

conside
conve

The board could not  

he placed before a special selection board.
request is his claim that his record, as seen by the board, was
Specifically he
not an accurate portrayal of his performance.
claims that his last two fitness reports dated 10 March 2001 and
30 September 2000 were missing from his record.
3.
h 2001 and that
10 March 2001.
The other
fitness report is dated after the board convened.
report dated 30 September 2000 was not initially in his record.
The report was part of a
A request was made for that report.
reporting senior's batch of fitness reports that had been
rejected due to a summary group error.
already existed in the Navy Personnel Command's Automated System
and a request had been issued for it,
printed for the board's use.
that when the report was scanned into the fitness report system,
the front page was entered correctly but the back page belonged
to a different officer.
been in the system during the board and would have appeared the
With a back page from a different individual that report
same.
probably would not have been given to the board.
believe
Commande

rial error may have existed in Lieutenant
ecord through no fault of his own.

This was the same copy that would have

a copy would have been

Because the report

Further investigation has revealed

4.
Lieutenant Comman
ord was most likely
incomplete, as it app
e FY-02 Reserve Commander
Line Promotion Selection Board. Therefore, he was not properly
considered by this board.

We recommend that Lieutenant Commander

etition be approved

Officer Promotions,
Appointments, and Enlisted
Advancement Division