DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD: hd
Docket No: 05948-01
23 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
LCD
REVIEW OF NAVAL RECORD
MC, USNR
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 24 Jul 01
(2) PERS-85 memo dtd 24 Aug 01
(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 the applicable naval record be
corrected to show the lineal position, date of rank, and effective date in the grade of
lieutenant commander he would have been assigned had his promotion been effected without
administrative delay. He specifically requested that his lieutenant commander date of rank
and effective date be adjusted to 1 August 2001. His current date of rank and effective date
is 1 September 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 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
lieutenant commander date of rank (and by implication, effective date) to 1 August 2001.
CONCLUSION:
Upon review and consideration of all the evidence of record,
(2), the Board finds the existence of an
contents of enclosure
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 lieutenant commander as 1 August 2001 vice
1 September
2001; 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
$dn+f-
JONATHAN S.
Acting Recorder
Yi
RUSKIN
/$A+
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.
2
.DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-85
24 Aug 01
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj:
Encl:
(1) BCNR File
1.
Enclosure (1) is returned,
te of rank adjustment.
recommending approval of LT
to administrative delay between PERS-86 and PERS-85
given a 1 Sep 01 Lieutenant Commander date of rank
he member's transfer to active duty, his record was not
received by
NAVADMIN.
and receive all back pay and allowances due.
PERS-85,
Recommend
o place him on the 1 Aug 01
given a 1 Aug 01 date of rank
, Officer Promotions
and Enlisted Advancements Division
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