DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

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

Secretary of the Navy

Subj: L

USNR,
REVIEW OF NAVAL RECORD

Ref:

(a) Title 10 U.S.C. 1552

S

HD: hd
Docket No: 00957-02
22 February 2002

Encl:

(1) DD Form 149 dtd 2 Feb 02 w/attachments
(2) NPC Ser  

P80 undtd memo

and Subject ’s promotional history card

(3) Memo for the Record dtd 21 Feb 02

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 by removing only his failure of selection before the Fiscal Year (FY) 02 Naval
Reserve Line Lieutenant Commander Selection Board, his second of two failures of selection
to lieutenant commander. Because of the two failures of selection, he is scheduled to be
involuntarily discharged from the Naval Reserve on 28 February 2002.

2. The Board, consisting of Messrs. Carlsen, Ensley and McBride, reviewed Petitioner
allegations of error and injustice on 22 February 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.

’s

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

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 office

having cognizance over Naval Reserve promotions has commented to the effect that
Petitioner’s request should be approved, as the FY 02 promotion board did not have material
information reflecting that he had affiliated with a Naval Reserve unit, and this information
“could have made a difference in whether or not he was selected.

”

 

C.

The memorandum for the record at enclosure (3) documents Petitioner ’s statement to
*

the effect that he did not take steps to ensure that the FY 02 promotion board would be
aware of his affiliation with a Naval Reserve unit, as he did not know when the board would
convene.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of
(2), the Board finds the existence of an injustice warranting the
contents of enclosure  
requested relief. While they do feel Petitioner could have done better to ensure the
promotion board would have complete and accurate information about his participation
Naval Reserve, they find it is in the interest of justice to excuse this, so as to enable him to
continue to serve.
In view of the above, the Board directs the following corrective action:

the

in the

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show he did not fail of selection by

the FY 02 Naval Reserve Line Lieutenant Commander Selection Board.

b. That any discharge or other action based in any way on Petitioner

’s failure of
selection before the FY 02 Naval Reserve Line Lieutenant Commander Selection Board be
cancelled and, if necessary, that related documentation be removed from his record.

C.

That any material or entries inconsistent with or relating to the Board

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.

’s

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

2

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures

5.
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.

C=QL w.   D E AN 

~EIFFER

Executive Director

3

DEPARTMENT OF

 

THE  NAV Y

NAVY  PERSONNEL  COMMAND
5720  INTEGRITY DRIVE
MILLINGTON TN 38055~0000

542 0
Ser 

P80/

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATION

USNR,

IN CASE OF

Encl:

(1) BCNR File

w/Service Record

We are returning enclosure (1) with the following

1 .
observations and the recommendation tha
have his FY-02 Failure of
  Selection  for Lieutenant Commander be
removed and he be considered above-zone in the FY-03 Lieutenant
Commander selection board.

request to

sserts that the cover page of his OSR  

2. ,
was inaccurate as seen by the selection board.
his record indicated that he was not in a drilling reserve
status but rather an Individual Ready Reserve status.
assertion is accurate.
that this error could have made   a difference in whether or not
he was selected since the board did not select to their allotted
it is our opinion that the  caliber of
numbers.
his active duty record would have been sufficient to meet the
standard for selection by the board.

His cover page was incorrect.

Additionally,

Specifically,

/ PSR

His
We concur

in,lieu  of a special board is reasonable.

3.
His request to be considered above-zone for the FY-03
board 
He is
effectively trading his in-zone status with scant recent
professional information in his record for the opportunity an
above-zone look that allows him to present recent
any awards that he may have received prior to the board
convening.

PERS-80  has no objections to his request.

 

fitreps and

MENTS
USNR,

N CASE OF

request has a higher level of urgency for a

He will be

timely resolution than most BCNR petitions.
28th,
demobilized on February  
or not resolved in his  favor.
consideration of his request and resolution prior to 15 February
2002, if possible.

2002  if his case is still pending

PERS-80, therefore requests

By Direction

./’

REi.iARKS

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MEMO FOR RECORD

21 February 2002

eserve Line LCDR  

me that he did not check his OSR/PSR before his consideration
Se1 Bd, nor did he communicate with the board
to inform them of his recent affiliation with a unit. He explained this by stating that while
he was aware he had previously been considered and passed over for promotion, he did
not know when his next promotion board would convene.
second consideration until he got the letter from NPC informing him that he was to be
discharged from the Naval Reserve by reason of having twice failed of selection.

He said he did not learn of his

x4, 
a+/-0
RUSKIN
JONATHAN S.  
Head, Performance Section

_/&A~