DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

HD: hd
Docket No: 08250-98
6 December 2001

.

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

Secretary of the Navy

Subj: C A

REVIEW OF NAVAL RECORD

DC, US

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)
(5)
(6)

DD Form 149 dtd 15 
BUMED ltr dtd 10 Feb 00
Subject’s counsel’s ltr dtd 23 
memos,?dtd 23 Apr 99, 6 
PERS-85 
Memo for the Record  ‘dtd 3 Apr 01
Subject’s naval record

Ott 98 w/attachments

Ott 00 w/enclosures

Dee 00 and 27 Nov 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 his date of rank in the grade of lieutenant as 19 August 1976 vice
20 May 1972.

Z’.:- The Board, consisting of Messrs. Kastner, Schultz and Taylor, reviewed Petitioner ’s
allegations of error and injustice on 6 December 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 
(BUMED) recommended no relief. They stated that Petitioner ’s lieutenant date of

Surgery 
rank was correctly established in accordance with the entry grade credit guidance in
Secretary of the Navy Instruction 

(2), the Chief, Bureau of Medicine and

1421.5A.

C.

Petitioner’s counsel’s rebuttal, enclosure 

(3), did not contend any error in the

establishment of Petitioner’s lieutenant date of rank, but argued that it is unjust because

Petitioner was never advised he would face statutory retirement in fiscal year 2003; and he
actually received no benefit from the entry grade credit he was given. Counsel insisted that
Petitioner’s lieutenant date of rank should be corrected as requested, to allow him to
complete 30 years of service in fiscal year 2007. He contended that with Petitioner ’s senior
date of rank, he should have been immediately eligible for promotion board consideration on
commissioning in 1980; however he was not considered until 1982, when the Fiscal Year
(FY) 83 Dental Corps Lieutenant Commander Selection Board convened. Accordingly,
counsel requested, ’ in the event Petitioner ’s lieutenant date of rank is not adjusted as
requested, that his record be corrected to reflect his promotions to lieutenant commander in
1975, vice 1983; commander in 1981, vice 1989; and captain in 1987, vice 1995.

d. Enclosure (4) comprises three opinions from PERS-85, the Navy Personnel

Command (NPC) office with cognizance over officer promotions. The first,
dated 23 April 1999, merely recommended that comment be obtained from 
as indicated in paragraph 3.b above, was done. In their second opinion, dated
6 December 2000, they commented to the effect that Petitioner ’s request to adjust his
lieutenant date of rank has merit and warrants favorable action. They agreed with his
counsel’s contention that he received  “no tangible benefit ” from his entry grade credit. Their
last opinion, dated  ‘27 November 2001, stated that while there is no evidence to determine if
Petitioner should have been considered by the FY 82 Dental Corps Lieutenant Commander
Selection Board, the first promotion board to meet after he had entered active duty, his
current lieutenant date of rank would have made him senior to the senior eligible for that
board.

BUMED which,

e. The memorandum for the record at enclosure (5) documents that in a phone

conversation between Petitioner ’s counsel and a member of the Board ’s staff, counsel
indicated he was in complete agreement with the second PERS-85 opinion, dated
6December 2000.

CONCLUSION:

Upon review and consideration of all the evidence of record, notwithstanding the 
opinion at enclosure 
dated 6 December 2000 and 27 November 2001 at enclosure 
existence of an injustice warranting the following corrective action.

(2), and especially in light of the contents of the PERS-85 opinions

(4), the Board finds the

BUMED

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected, where appropriate, to show his date of

rank in the grade of lieutenant as 19 August 1976, vice 20 May 1972.

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.

2

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

-4‘ 
ti w
RUSKIN
JONATHAN S. 
Acting Recorder

/&z

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

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Prom:
To:

Ref:

Encl:

Chief, Bureau  of Medicine and Surgery
Board 

for  Correction of Naval  

Hecords

(a) 

SECNAVINSIJ'  3.421. 

SA

(1) 

RCNR  Application IC

Enclosur e

1.
date 
Captain
correct  in accordance with reference (a).

is 
Lieutenant 

returnecl rccommendiny 

OF’ rank  

(1)

no  action.
(Don),  20 May  

19'19,  is

Per  reference

2.
(a),
i_.ho  time of his accession,
Capt;ain
coived  twelve (12) years of entry grade credit
initjal  
11:  ?e?j,
F'or  his
(4)  Y
- 
civilian  dentistry  
experience.
maximum number of years credited  

Heferencq  (a) 
for  civilian experience,

in effect at. 

(8)  years  

did  not impose a

DDS  and  

3. Your 
who may 

po.int of co
bc  reached

C, USN,

By 

direction

._

Ol’TtONM  FORM  

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(740)

FAX TRANSMITTA

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DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
INTEDRITY  DRIVE

5720 

MILLINGTON  TN 

3805  5-0000

MEMORANDUM FOR BCNR

Via:

Subj:

Encl:

BUPERS/BCNR Coordinator

CAPT

(1) BCNR File

USN,

Enclosure (1) is returned.

1.
lineal number as a Lieutenant are
reflected by the
permanent grade date provided in his Officer Appointment
Acceptance and Oath of Office.

CAP

5420
Ser 
23 Apr 99

85/063

ate of rank and

established

Recommend redirecting member's request to  

2.
evaluation of the establish

_

BUMED  for proper

rade date.
_-

Enlisteid  Advancements

Division

Officer Promotions and

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL

RECORDS

Via:

Subj:

Ref:

Encl:

1976.

Assistant for BCNR Matters 

(PERS-OOZCB)

CAPT

, DC, USN

(a) SECNAVINST 

1421.5A  (cancelled)

(1) BCNR File no: 08250-98

re
request

(1)  is returned,

recommending approval,
for date of rank adjustment of LT to

5420
PERS-85
6 

Dee  00

19 August

83.

The Dental

1421.5A,  to
Activ

ntered the Navy in November 1980 as a LT with 12
according to reference (a).

2.
ye
was correctly determined based on the guidance in effect at the time,
SECNAVINST 
LCDR on the FY-83 
and promoted on 1 Jan
LCDR in 1980 was 9 years
LCDR until the 14-year ma
if his LT date 
20 May 1972 for the FY-83 LCDR promotion board, it would be expected
that he should have promoted at the beginning of the fiscal year,
ahead of most of his peers.
rank,
vice 1 October 82.
no tangible benefit from being given 12 years
and his career has progressed consistent with 8 years of constructive
credit.
tes of ranks for Dental Corps
Officers close to
n precedence order reveal the
majority with a 19
e of rank.

Instead he had a
It is apparent that

Corps promotion

A review o

in effect did not pick up

of
ed
it

His LT date of rank

as selected to
lection  Board
flow point to

of rank was

Recommend BCNR favorably  

3.
Lieutenant date of rank change to
rank changes would be necessary
course officer,
credit.

consistent with

consi

19 Au

u
quest
rther date  of

for a

ogressed  as a due
tructive service

Enlisted Advancements Division

T

DEPARTMEN
tj4v-f  
MILLINGTON TN  

PLRSONNEL.~OMMANO
OdiVE
38053-0000

5720  INTEGRITY 

5420
PERS-85
27 Nov 01

MEMORANDUM  FOR EXECUTIVE DIRECTOR, BOARD 

RECORDS

FOR CORRECTION OF NAVAL

Via:

Subj:

Ref :

Encl:

Assistant  for 

BCNR  Matters 

(PERS-OOZCB)

ON ICO

(a) 

SECNAVINST  

1421.5A  

(CmCell@d)

(1) 

BCNR  File no: 08250-98

A review of the record of  proceedings from the FY-83

1.
Corps  Lieutenant commander Selection Board
went before that board in an above zone no
status or 
This status reflects tha
the senior eligible officer in  zone before the board but had not
previously been considered by a   selection  board.

AZNFC.

Active Dental

s senior to

ALNAV 

145/81, outlined the zone

Additionally, the zone message,  

LCDR Dental Corps board as senior in zone with a date of
Dee 77 and the junior in zone with a date  of rank of 27 May

2.
for the FY-83 
rank of 3 
78
rank.of 20 May 1972, thus making
had a LT date of 
hl.
senior to the seni
fore this board.
There is no evidence to determine if
should have been put
before the FY-82 LCDR Dental Corps board as  his  name is not contained
in the FY-82 Active Dental Corps Lieutenant Commander Record of
However, his   current  date of rank to LT would have made
Proceedings.
him senior to the senior eligible for that board as well.

onnation is submitted for 
quest for a Lieutenant

BCNR's consideration of  

CAPT

ge to 19 August

BCNR Liaison, Officer Promotions and
Enlisted Advancements Division

__. 

-

HD:hd
Docket No. 
3 April 2001

08250-98

MEMORANDUM FOR THE RECORD

Subj:

CAP

us

This memorandum for the record is to document a phone conversation

1.
between P

ner's  counsel (

and this staff member

I indicated to the counsel that we had been waiting on a reply

2.
to the last advisory opinion from Pers-85, who recommended
approval of Petitioner's request to correct his date of rank in the
grade of lieutenant from 20 May  
3.
advisory opinion and that the case could proceed before the Board.

Counsel indicated that they were in complete agreement with the

1972  to 

19  August  

1976.