S
HD: hd
Docket No: 04673-02
8 August 2002
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
LCD
USN
REVIEW OF NAVAL RECORD
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 30 Apr 02
(2) PERS-80 memo dtd 10 Jul 02
(3) Subject ’s naval record
w/ref (a)
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 his lieutenant commander date of rank and effective date as 1 October
2001, the date he would have been assigned but for delay of his Senate confirmation. He
currently has a 16 October 2001 date of rank and effective date.
2. The Board, consisting of Messrs. Kastner, Schultz and Zsalman, reviewed Petitioner
allegations of error and injustice on 8 August 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 (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 commander date of rank (and by implication, effective date) to 1 October 2001.
CONCLUSION:
Upon review and consideration of all the evidence of record,
(2), the Board finds the existence of an
contents of enclosure
following corrective action.
and especially in light of the
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 2001, vice
16 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 tiled 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.
Recorder
ZSALMAN
C
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h
JONATHAN S.
Acting Recorder
/ & q & L
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4d t
RUSKIN
to the delegation of authority set out in Section 6(e) of the revised Procedures of
5. Pursuant
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.
\
L
.PARTMENT OF THE
NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
5420
10 JUL 2002
MEMORANDUM
FOR BCNR
Subj:
ACTIVE DUTY PROMOTIONS TO THE PERMANENT GRADE OF
LIEUTENANT COMMANDER LINE
Ref:
(a) CNO WASHINGTON DC 1820272 OCT 01
1. Recommend approval of all BCNR requests, submitted by the
officers listed in reference (a),
to 1 October 2001.
to adjust their dates of rank
In accordance with the Active Duty
2.
Plan, the officers listed in reference (a) were scheduled for
promotion on 1 October 2001.
confirm the FY-02 Active Duty Lieutenant Commander Line
promotion list until 16 October 2001.
of the promotion list resulted in the listed officers being
assigned a date of rank of 16 October 2001.
the Senate did not
However,
FY-02 Officer Promotion
The delayed confirmation
Recommend the dates of rank for all officers listed in
3 .
reference (a) be changed to 1 October 2001.
/ Director, Career Officer Progression
.
.
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