DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON.
D C. 20370-5100
HD:hd
Docket No: 05746-00
18 October
2ooO
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: C
REVIEW OF NAVAL RECORD
MC, US
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 dtd 15 Aug 00 w/attachments
PERS-85 memo dtd 14 Sep 00
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 his promotion been confirmed without
administrative delay. He specifically requested a date of rank and effective date of
1 December 1997. His current date of rank and effective date are 30 April 1998.
2. The Board, consisting of Messrs. Chapman,
allegations of error and injustice on 13 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.
McPartlin and Taylor, reviewed Petitioner’s
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.
b.
In correspondence attached as enclosure
(2), the Navy Personnel Command (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
commander date of rank (and by implication, effective date) to 1 December 1997.
CONCLUSION:
Upon review and consideration of all the evidence of record,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
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 December 1997; 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.
ROBERT D. ZSALMAN
Recorder
(+4eaxh
JONATHAN S.
Acting Recorder
l/c uy
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.
Executive
Direr
DEPARTMENT OF THE NAVY
38OSS-0000
NAVY PERSONNEL COMMAND
MILLINGTON TN
5720 INTEGRITY DRIVE
5420
PERS-85
14 Sep 00
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Encl:
(1) BCNR File
sure (1) is returned recommending approval of
equest to backdate his date of rank.
as selected to Commander by the FY-98 Active Duty
Promotion Selection Board.
His promotion was
ubseq-uently cleared
ould have received a
delayed by the Secretary of
and confirmed by the Senate.
date of rank to Commander of 1 December 1997 based on his
seniority within the promotion zone and the FY-98 slating plan,
not 30 April 1998.
Recommend that
3.
1 December 1997.
nk be backdated to
Lralson,
Officer Promotions
BCNR
and Enlisted Advancements Division
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