DEPARTMENT 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 2 0 3 7 0 - 5 1 0 0
HD:hd
Docket No: 00977-02
14 May 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 dtd 8 Nov 01 w/attachments
(2) PERS-80 memo dtd 12 Apr 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 he would have been assigned had he been selected for promotion to that grade by
the Fiscal Year (FY) 01 Line Lieutenant Selection Board, vice the FY 02 Line Lieutenant
Selection Board. He originally specifically requested a date of rank and effective date of
1 July 2001, but verbally amended his request to 1 August 2001. His current date of rank
and effective date are 1 October 200 1.
2. The Board, consisting of Mses. Davies and Gilbert and Mr. Kastner, reviewed
Petitioner's allegations of error and injustice on 9 May 2002, and pursuantto 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 date of rank (and by implication, effective date) to 1 August 2001. They conclude
he was improperly deferred from consideration by the FY 01 Line Lieutenant Selection
IIo;ird, citing tillc 10, Uriiicci SLi\Lr,b CI.~C: x < * t i r ? ~ ~ 1 43nl , Tl~i, ;iiithorii~ is i n : ~ ~ ) j ~ l i L . ; i h l ~ . as it
relates to defernncnt from a reserve promotion board, whereas Petitioner was deferred from
an active duty promotion board. However, the conclusion that he was improperly deferred
was correct: the general Navy policy to defer officers eligible for a promotion board within a
year of placement on the active-duty list, absent an express request from the officer that the
officer not be deferred, did not apply in the case of lieutenant promotion boards.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting adjustment of Petitioner's lieutenant date of rank and effective date to
1 August 2001. In this regard, they conclude he was improperly deferred from consideration
by the F Y 01 Line Lieutenant Selection Board. Accordingly, the Board directs 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 as 1 August 2001, vice 1 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
w
w
JONATHAN S. RUSKIN
Acting Recorder
d fd&-
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 Director
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
5420
PERS-80
1 2 APR 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
Encl: (1) BCNR File 00977-02
1. We are returning enclosure (1) recommending approval of
Lieutenant
1 August 20
request to have his date of rank adjusted to
2. Lieutenant Sg$ll$lC date of rank for Lieutenant Junior Grade
is 20 July 1999, therefore, his date of rank had he gone before
the FY-01 board would be 1 August 2001. According to his oath
of office, he is an inter-service transfer. Under Title 10, US
Code §I4301 officers with continuous service are not required to
be deferred for one year prior to consideration by a promotion
selection board. Accordingly, ~ieutenan-hould
been deferred to the FY-02 Lieutenant board. It is in our
opinion that ~ieutenant-date
of rank for Lieutenant
should be adjusted to 1 August 2001.
not have
--
Beputy Director, Active and
Reserve Officer Career
Progression Division
NAVY | BCNR | CY2001 | 07943-01
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...
NAVY | BCNR | CY2002 | 07873-01
1552 DD Form 149 dtd 10 PERS-86 memo dtd 19 Apr 01 Subject’s naval record Ott 01 w/attachments Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, 1. 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 commander he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 01 Naval...
NAVY | BCNR | CY2001 | 05855-01
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 commander he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 01 Active Duty Line Commander Selection Board, vice the FY 02 Active Duty Line Commander Selection Board. ...
NAVY | BCNR | CY2001 | 06129-00
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. 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...
NAVY | BCNR | CY2001 | 05015-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 HD: hd Docket No: 0501501 15 October 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD USN Ref: (a) Title 10 U.S.C. e. 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...
NAVY | BCNR | CY2001 | 01115-01
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 changing the date of acceptance of his commission as a lieutenant commander, U. S. Naval Reserve from 14 June and 28 July 1999 to 1 June 1999, the day after he left active duty, and that he be administratively promoted to commander. The Board, consisting of Messrs. Bishop, Morgan and Shy,...
NAVY | BCNR | CY2002 | 02022-02
1552 Encl: (1) (2) (3) DD Form 149 dtd 16 Jan 02 w/attachments PERS-80 memo dtd 23 Apr 02 Subject’s naval record Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, 1. 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 he would have been assigned had he been promoted to that grade pursuant to his selection by...
NAVY | BCNR | CY2001 | 06633-01
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 (FY) 01 Line Lieutenant Commander Selection Board, vice the that grade by the Fiscal Year FY 02 Line Lieutenant Commander Selection...
NAVY | BCNR | CY2001 | 04613-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 HD: hd Docket No: 04613-01 16 October 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: C D u s REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 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...
NAVY | BCNR | CY2001 | 00666-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 HD:hd Docket No: 00666-01 15 June 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: LCDR Sq iiaiiiiiinibee ssc, US REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 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...