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NAVY | BCNR | CY2001 | 05855-01
Original file (05855-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD:hd
Docket No: 
23 October 2001

0585501

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

Secretary of the Navy

Subj: C

R

SN

Ref:

Encl:

(a) Title 10 U.S.C. 1552

(1) DD Form 149 dtd 25 Jun 01 w/attachments
(2) PERS-85 memo dtd 24 Aug 01
(3) Memo for the Record dtd 2 
(4) Subject’s naval record

Ott 01

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 he been selected for promotion to that grade by
the Fiscal Year (FY) 01 Active Duty Line Commander Selection Board, vice the FY 02
Active Duty Line Commander Selection Board. He also impliedly requested removal of his
failure of selection by the FY 01 promotion board. His current date of rank and effective
date is 1 October 2001.

2. The Board, consisting of Messrs. Chapman, Cooper and Tew, reviewed Petitioner’s
allegations of error and injustice on 18 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.

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 at enclosure 

(2), PERS-85, 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. By recommending approval of
his request to backdate his promotion, they also impliedly recommend removing his failure of
selection by the FY 01 Active Duty Line Commander Selection Board.

C. The memorandum for the record at enclosure (3) reflects that PERS-85 has advised

that had Petitioner been promoted pursuant to selection by the FY 01 promotion board, he
would have received a date of rank (and by implication, effective date) of 1 August 2001.

CONCLUSION:

Upon review and consideration of
contents of enclosures (2) and 
(3),
the following corrective action.

RECOMMENDATION:

all the evidence of record, and especially in light of the
the Board finds the existence of an injustice warranting

a. The Petitioner ’s naval record be corrected, where appropriate, to show he did not

fail of selection by the FY 01 Active Duty Line Commander Selection Board.

b. That Petitioner ’s naval record be further corrected to show his date of rank and

effective date in the grade of commander as 1 August 2001 vice 1 October 2001; and that his
lineal precedence be adjusted accordingly.

c. That any material or entries inconsistent with or relating to 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.

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 tile 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

JONATHAN S. 

Acting Recorder

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.

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000

5720 INTEGRITY DRIVE

5420
PERS-85
24 Aug 01

MEMORANDUM FOR BCNR

Via:

Subj:

Encl:

BUPERS/BCNR Coordinator

LCDR

(1) BCNR File

USN,

Enclosure

rank of Commander.

is returned,
equest for a date of rank adjustment for the

recommending approval of

L

On 9 May 01,

2.
the Navy for a FY-01 Active Duty Commander Line Special
Promotion Selection Board.
fact that the member's record contained material error that was
beyond his ability to correct.

The board was granted based on the

as approved by the Secretary of

Promot

Duty Commander 
Line
to consider that had LC
record gone before the
selected.
FY-01 date of rank adjustment

Recommend LCD

FY-

for the rank of Commander.

al selection board, scheduled 27 July
s selected by the regular FY-02 Active

ection  Board.

It is reasonable

complete and corrected
n board he would have been
granted the requested

and Enlisted Advancements Division

ficer  Promotions

HD:hd
Docket No.  05855-01
2 October 2001

MEMORANDUM FOR THE RECORD
Subj:
Ref:

LCDR
(a) PERS-85 memorandum dtd 24 August 2001

SN,

Reference (a) indicated that SNO be recommended for 

1.
of rank adjustment for the rank of commander.

yi..

a date

It was indicated that he be backdated to FY 01 Active Duty

2.
Commander Line Selection Board, however, they did not give a
date of rank for FY 01.
In conversation with PERS-85, Lieutenant
3.
that the corrected date of rank should be 1 

August'2001.

he indicated



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