D E P A R T M E N T OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-5100
HD:hd
Docket No: 07943-01
4 April 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 10 Oct 01
(2) PERS-80 memo dtd 25 Mar 02
(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 he been selected for promotion to
that grade by the Fiscal Year (FY) 00 Naval Reserve Line Lieutenant Commander Selection
Board, vice the FY 02 Naval Reserve Line Lieutenant Commander Selection Board. He
specifically requested a date of rank and effective date of 1 October 1999. His current date
of rank and effective date is 16 October 200 1.
2. The Board, consisting of Messrs. Neuschafer and Zsalman and Ms. Gilbert, reviewed
Petitioner's allegations of error and injustice on 3 April 2002, 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 October 1999.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), the Board finds the existence of an injustice warranting the
following corrective action.
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 October 1999, vice
16 October 2001 ; 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.
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
n
d
JONATHAN S. RUSKIN
Acting Recorder
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 Dir
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-80
2 5 MAR 2002
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
USNR, '
,
L
C
D
~
Encl: (1) BCNR File 07943-01
1. Enclosure (1) is forwarded recommending approval. Date of
rank should be changed to 1 October 1999.
his reserve Acceptance and Oath of Office
2. LCD-gned
on 1 March 1999 but it was not received by PERS-803 until
9 February 2001. -as
selected for promotion to LCDR
by the FY-02 Lieutenant Commander Line Selection Board. If this
administrative error had not occurred he would have been
considered by the FY-00 board and received a Lieutenant
Commander date of rank of 1 October 1999. Recommend LCDR
request for a date of rank adjustment to 1 October 1999
be a ~ ~ r o v e d .
Officer Career Progression
Division
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