DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 04427-02
13 September 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
LCD
REVIEW OF NAVAL RECORD
, USNR,
Ref: (a)
Title 10 U.S.C. 1552
Encl :
(1)
(2)
(3
DD Form 149 dtd 19 Apr 02
PERS-80 memo dtd 23 Aug 02
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 his naval record be corrected to
show his lieutenant commander date of rank and effective date as 1 October 2000, the date he
would have been assigned but for delay of his Reserve Navy running mate
confirmation. He currently has a 10 October 2000 date of rank and effective date.
’s Senate
2. The Board, consisting of Ms. Davies and Messrs. Nicholson and Schultz, reviewed
Petitioner’s allegations of error and injustice on 12 September 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
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.
In correspondence attached as enclosure
(2), the Navy Personnel Command (NPC)
b.
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.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
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 2000, vice 10
October 2000; 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
confidential tile 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
Recorde
r
JONATHAN S.
Acting Recorder
RUSKIN
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
&ard for Correction of Naval Records (32 Code of Federal Regulations, Section
5.
the
72?..?,(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
,behalf of the Secretary of the Navy.
oq
*.
,
;‘
*
Executive Director
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAN D
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
542 0
PERS-80
2 3 AUG
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
LCDR
, USN
OF
Encl:
(1) BCNR File 04427-02
1.
Forwarded,
recommending approval.
LC
2.
be ent
change following the adjudication
y pay and
request is warranted.
allowanc
In addition, he should
with this
d Reserve
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