DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

HD: hd
Docket No: 06129-00
20 July 2001

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

Secretary of the Navy

Subj:

LCDR
REVIEW OF NAVAL RECORD

c, us

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)
(5)

DD Form 149 dtd 28 Aug 00 w/attachments
PERS-85 memo dtd 12 Sep (sic) 00
Subject’s ltr dtd 5 Jun 01 w/enclosures
PERS-85 memo dtd 27 Jun 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 to show the lineal position, date of rank, and effective date in the grade of
lieutenant commander he would have been assigned had he been selected for promotion to
that grade by the Fiscal Year (FY) 00 Lieutenant Commander Staff Corps Selection Board,
vice the FY 01 Lieutenant Commander Staff Corps Selection Board. His current date of
rank and effective date are 1 November 2000.

2. The Board, consisting of Messrs. Kastner and 
Petitioner’s allegations of error and injustice on 19 July 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.

Mazza and Ms. Wiley, 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. PERS-85, the Navy Personnel Command (NPC) office with cognizance over the
subject matter of this case, has provided two advisory opinions. In the first, at enclosure 
they commented to the effect that Petitioner’s request should be disapproved. They stated
that he was deferred from consideration by the FY 00 Lieutenant Commander Staff Corps
Selection Board because this promotion board convened within a year after he

(2),

commenced active duty; that he was notified he would be automatically deferred if he did not
request a waiver of deferment; and that they had no record of his having requested a waiver.

C. By correspondence at enclosure 

(3), Petitioner rebutted the unfavorable advisory
opinion. He provided supporting documentation including a copy of his request to waive
deferment of consideration for promotion.

d.

In their second opinion at enclosure 

(4), PERS-85 recommend that Petitioner ’s
request be granted, and that his lieutenant commander date of rank (and by implication,
effective date) be adjusted to 1 February 2000. They acknowledged that he was, in fact,
considered by the FY 
00 promotion board, but because an error in his lieutenant date of rank
had not yet been corrected, he was erroneously considered below the promotion zone, rather
than in the zone. They further stated it could be reasonably assumed that he would have
been selected for promotion, had he been considered in the zone.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure 
following corrective action:

(4), the Board finds the existence of an 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 February 2000 vice
1 November 2000; and that his lineal precedence be adjusted accordingly.

b. 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.

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 ’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. 
Recorder

ZSALMAN

,.&Wid
JONATHAN S. 
Acting Recorder

(I d 
RUSKIN

/G&7_/&

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 

Direc

3

uEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL
38OSS-0000

5720 INTEGRITY DRIVE

MILLINGTON TN 

542 0
PERS-85
12 Sep 00

MEMORANDUM FOR BCNR

Via:

Subj:

Ref:

BUPERS/BCNR  Coordinator

c

MC, USNR,

(a) SECNAVINST 
(b) CHNAVPERS WASHINGTON DC msg dtg 0310222 MAR 98

1420.1A  of 8 Jan 91

Encl:

(1) BCNR File

(1) is returned,
request.

recommending disapproval of

I

date of rank was changed from 4  
o the convening of the FY-00 Lieutenant

Dee 94 to

He did not go before

Commander Medical Corps Selection Board.
the board because he was gained on active duty on 26 May 98.
When officers report to active duty they are deferred from
consideration by promotion
reference (a) for 0
waiver of deferral.
that,he  would be au
request
file fr
board c

they specifically request
as notified in reference (b)
eferred unless he specifically
Our office has no letter on
The
idered.
as eligible.

considered.
requesting th
May 99 before

selection boards as outlined in

-

Enlisted Advancements

Division

fficer  Promotions and

DEPARTMENT 

OF THE NAVY

BUREAU OF   NAVAL  PERSONNEL
38O5sQOOO

INtEGRlsY  DRIVE

MILLiNGTON  TN 

5720 

5420
PERS-85
27 

Jun 01

MEMORANDUMFORBCNR
Via:

BUPERS/BCNR  Coordinator

INION  

ICO

Ref:

(a) 
(b) 

SECNAVINST  
CmAVPERS  WASHINGTON DC msg dtd 0310222 MAR 98

1420.1A  of   8 Jan 91

Encl:

(1) 

BCNR  File

(1)  is  returned ,
equest.

recommending approval of

M

(NAVPERS  

2. According  to our records, a   corrected
Oath  of  Office 
1000/4)  was sent
April 1999 to correct his date of rank fr
He signed it and dated it with his o
94.
date of 26 
however
Although
rank pri
until after the FY-00
on 24 
the FY-00 O-4 Medical
he should  have  been.

Map‘1999.

Thus,

rps Selection Board convened
s considered below-zone   by
n Board and not in-zone as

1998 and returned it to Navy Personnel

Command,

received and processed until 20 August 1999.
signed his corrected A&O with new date of
oard, the A&O was not received and affected

id  send a letter to the FY-00 LCDR Medical
sting to be considered by the board and
itional data that   was missing from his
date of rank change been received prior to the
tus changed to an in-zone  

  record .
e1igibl.e  officer, it
ave selected for
equest for date of
k be adjusted to

reasonably ass

could be
promotion.
rank relief be granted
1 February 2000.

Recommend

Enlisted Advancements

Promotions and
Division

ZOOipJ

88 

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TO6 

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ZS:CT 

TOOZ/ZT/LO  

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