DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD: hd
Docket No: 08256-00
6 April 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: C A
REVIEW OF NAVAL RECORD
CHC, U
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 27 Nov 00 w/attachments
(2) Memo for Record dtd 4 Apr 01
(3) PERS-85 memo dtd 13 Feb 01
(4) 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 captain
she would have been assigned had she been selected for promotion to that grade by the Fiscal
Year (FY) 00 Staff Captain Selection Board, vice the FY 01 Staff Captain Selection Board.
She further impliedly requested removal of her failure of selection before the FY 00 Staff
Captain Selection Board.
2. The Board, consisting of Messrs. Chapman, Shy and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 5 April 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. Enclosure (2) reflects that PERS-85 1, the Navy Personnel Command (NPC) office
responsible for officer precedence, advised that Petitioner was promoted pursuant to selection
by the FY 01 Staff Captain Selection Board with a date of rank and effective date of
1 January 2001; that she failed of selection by the FY 00 Staff Captain Selection Board; and
that had she been promoted pursuant to selection by the FY 00 board, she would have been
assigned a date of rank and effective date of 1 August
2ooO.
C.
In correspondence attached as enclosure
(3), PERS-85, the NPC office with
cognizance over active duty officer promotions, has commented to the effect that Petitioner ’s
request has merit and warrants favorable action. They recommend adjusting her date of rank
(and by implication, effective date) to August 2000, to reflect selection by the FY
00 Staff
Captain Selection Board. This impliedly recommends removing her failure of selection by
that promotion board.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
(3), the Board finds the existence of an injustice warranting
contents of enclosures (2) and
the following corrective action.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected, where appropriate, by removing her
failure of selection by the FY
00 Staff Captain Selection Board.
b. That Petitioner ’s record be corrected further to show her date of rank and effective
date in the grade of captain as 1 August 2000 vice 1 January 2001; and that her 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 the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file 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
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.
MEMO FOR RECORD
Re: Cas
HC, USN,
dot
PERS-851 advised t
Today
the FY 01 Staff Capt
selection by the FY 00 bd; and that had she been selected by the FY
have received a date of
ranWeff date of 1 Aug 00.
Se1 Bd with a date of
4 April 2001
promoted to captain by
that she failed of
00 bd, she would
9
JLt&_.ZZS_Z* ’
v/c
RUSKIN
JONATHAN S.
Head, Performance Section
,/27Lw
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN
3805S-0000
5420
Pers 85
13 Feb 01
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Subj: C
USN,
Ref:
(a) Naval Inspector General
ltr of 06 Nov 00
Encl:
(1) BCNR File
1.
Enclosure (1) is returned, recommending approval.
2.
pur
assume that had there been no violation of the precept, CAPT
date of rank to Captain should be adjusted
ding of reference (a).
It is reasonable to
uld have been selected during the FY-00 board.
Recomme
3.
00.
ate of rank be adjusted to Aug
Officer Promotions
And Enlisted Advancements Division
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