DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 203704100
HD: hd
Docket No: 04887-00
12 October 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref:
Encl:
LCD
REVIEW OF NAVAL RECORD
CEC, US
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 11 Jul 00 w/attachments
(2) PERS-86 memo undtd
(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 by
removing his failures of selection for promotion before the Fiscal Year
(FY) 96, 97, 98, 99,
00 and 01 Naval Reserve Staff Commander Selection Boards, so as to be considered by the
selection board next 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.
2. The Board, consisting of Messrs. Bishop, Kastner and Swarens, reviewed Petitioner’s
allegations of error and injustice on 4 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.
In correspondence attached as enclosure
office having cognizance over the subject matter addressed in Petitioner’s application has
commented to the effect that his request to remove his FY 96 through 00 failures of selection
for promotion should be approved. They did not expressly address his FY 01 failure of
selection.
(2), the Navy Personnel Command
(NPC)
CONCLUSION:
(2), the Board finds the existence of an injustice warranting the
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
requested relief. They find enclosure
Petitioner ’s FY 96 through 01 failures of selection for promotion, to be equally applicable as
a basis to remove his FY 01 failure of selection as well.
directs the following corrective action:
(2), which expressly recommends removing
In view of the above, the Board
RECOMMENDATION:
a. That Petitioner ’s record be corrected so that he will 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 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
c. 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.
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
bzn/
JONATHAN S.
Acting Recorder
(q&
8,
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.
w W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN
5720 INTEGRITY DRIVE
38055-0000
5420
PERS-86
’
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for
BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS
ER
Encl:
(1) BCNR File 04887-00 w/Service Record
.
1. We
Lieutenant Commander
failures of selection be approved.
L
are returning enclosure (1) with the recommendation that
guest for removal of five
Lieutenant Commande
lived and worked in the
During this period his ability
2.
Philippines from 1989 to 1,997.
to participate in the reserve program was
completion of correspondence courses. As a result he failed to
select to commander in fiscal year 1996 through fiscal year
2000.
an active member of the reserve community drilling in a
Volunteer Training Unit,
manner.
Since his return to the United States in 1997 he as been
and performing in an outstanding
,limited to the
.
Based on Lieutenant Commande
3.
participate in a reserve program while overseas and his
exemplary record since returning in 1997 I recommend removal of
the five failures of selection from 1996
limited ability to
through 2000.
Reserve Officer
Director,
Promotions,
Enlisted Advancement Division
Appointments, and
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