DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD: hd
Docket No: 0501501
15 October 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj:

REVIEW OF NAVAL RECORD

USN

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)

DD Form 149 dtd 19 Jun 01 w/attachments
Pers-911 memo dtd 20 Aug 01
PERS-86 memo dtd 24 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 changing the date of acceptance of his commission as a lieutenant, U. S. Naval
Reserve from 8 November 1999 to 1 August 1997, the day after he left active duty; and that
his lieutenant date of rank be changed accordingly, from 21 July 1998 to 1 June 1996 (the
date of rank he originally held in that grade). He also requested that his pay entry base date
(PEBD) be adjusted accordingly, to reflect that he has had no break in service. Because of
the break in service, he missed consideration by the Fiscal Year (FY) 02 Line Lieutenant
Commander 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.

In correspondence attached as enclosure 

(2), the Navy Personnel Command (NPC)
office with cognizance over Naval Reserve officer status has commented to the effect that
Petitioner’s request to change the acceptance date of his commission has merit and warrants
favorable action. They added that if this request is approved, they will submit a corrected

oath of office and a corrected statement of service to reflect no break in service, and they
will adjust his PEBD accordingly.

In correspondence attached as enclosure 

(3), the NPC office with cognizance over

C.

Naval Reserve officer promotions has commented to the effect that they agree with the
opinion at enclosure (2). They further stated that if Petitioner ’s request is approved before
1 November 2001, they will ensure he is included on the list of eligibles for the FY 02 Naval
Reserve Line Lieutenant Commander Special Selection Board, scheduled to convene on
14 January 2002.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
(3), 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 to show he accepted his commission as a

lieutenant, U. S. Naval Reserve on 1 August 1997, vice 8 November 1999.

b. That his anniversary date and PEBD be adjusted accordingly.

C. That his record be corrected further to show the date of rank on his commission as a

lieutenant, U. S. Naval Reserve as 1 June 1996, vice 21 July 1998; and that his lineal
precedence be adjusted accordingly.

d. That the Chief of Naval Operations grant Petitioner a special selection board for the

FY 02 Naval Reserve Line Lieutenant Commander Selection Board.

e. That any material or entries inconsistent with the Board ’s recommendation be

corrected, removed or completely expunged from Petitioner ’s record and that no such entries
or material be added to the record in the future.

f.

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 ’s record, for retention in a
confidential file maintained for such purpose.

2

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.

-+3dA&.-

F;TL. W. DEAN PFEIFFER

Executive Director

DEPARTMENT OF THE NAVY

NAVY 

PERSONNEL COMMAN
5720 INTEGRITY DRIVE

MILLINGTON  TN 38055-0000

D

IN REPLY REFER TO

542 0
Pers-911
20 Aug 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Assistant for BCNR Matters (Pers-OOZCB)

AND

USN

Encl:

(1) BCNR memo 5420 Pers-OOZCB of   15 Aug 01

1 .
recommendations 

Enclosure  (1)  is for
concerni

2.
Based on the information
that there was an administra

following comments and
ase.

petition, we agree
n the processing of
pecifically  state

was required to accept a reserve appointment
not completed his military service obligation.

ath of Office is currently on file in his
at Navy Personnel Command.

the date of acceptance on the Oath
November 1999 to 1 August 1997. I
approved, we will submit a corrected Oath of Office and a
corrected statement of service to reflect no break in service.
We will also adjust his Pay Entry Base Date to reflect no break
in service.

We recommend that
hanged from 8
equest is

Officer Status Branch

val Reserve

DEPARTMENT OF THE

NAVY PERSONNEL COMMAND
5720  INTEGRITY DRIVE

MILLINGTON TN 38055-000

  NAV Y

0

5420
PERS-86

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

Ref:

Encl:

REQUEST
LIEUTEN

OMMEN
, USN

(a) BCNR memo 5420 Pers-911 of 20 Aug 01

(1) BCNR File 05015-01 w/Service Record

We are returning enclosure (1) with the following

1.
observations and recommendation that Lieutenant
petition be approved.

ment with the PERS-9 advisory opinion that
Acceptance and Oath of Office form dated

as an administrative oversight.

8 November
of oath should be corrected
day continuity.
prior to 1 November 2001,
the list of eligibles for the  
Special Promotion Selection Board for 14 January 2002.

If Lieutena

His acceptance
1997 to maintain day for
request is approved

PERS-86 will ensure he is included on

FY-02  Naval Reserve O-4 Line

eserve Officer
Promot,ions,
Appointments, and
Enlisted Advancement Division