S

HD: hd
Docket No:  
8 August 2002

04678-02

DEPARTMENTOFTHE NAVY

BOARD 

FOR CORRECTION OF NAVAL RECORD

2  NAVY ANNE

X

WASHINGTON DC

 

20370-5100

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

Secretary of the Navy

Subj:

LC
REVIEW OF NAVAL RECORD

USN

Ref: (a)

Title 10 U.S.C. 1552

Encl :

(1)
(2)
(3)

DD Form 149 dtd 30 Apr 02
PERS-80 memo dtd 10 Jul 02  
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.

In correspondence attached as enclosure  

(2), the Navy Personnel Command (NIX)

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. 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 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 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

A?&_$+&/ 
JONATHAN 
:. 
Acting Recorder

&/_ 
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.

UEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000

5720 INTEGRITY DRIVE

5420
10 JUL  2002

MEPIORANDUM 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   FY-02 Officer Promotion

2.
Plan, the officers listed in reference (a) were scheduled for
promotion on 1 October   2001. However,
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

The delayed confirmation

Recommend the dates of rank for all officers listed in

3.
reference (a) be changed to 1 October 2001.

r Officer Progression

ADMINISTRATIVE MESSAGE

ROUTINE

R 1820272 OCT 01 ZYB MIN PSN 

448983J36

FM CNO WASHINGTON 

DC//Nl//

TO NAVADMIN

UNCLAS 
NAVADMIN 

llN00000il

277/01

MSGID/GENADMIN/Nl//

SUBJ/ACTIVE DUTY PROMOTIONS TO THE PERMANENT OR TEMPORARY GRADE
/OF LIEUTENANT COMMANDER LINE AND STAFF CORPS//

REF/A/DOC/CONGRESS/OlOCTl996//

REF/B/DOC/CONGRESS/OlOCTl996//

REF/C/DOC/SECNAV/24JULl985//

REF/D/DOC/SECNAV/08JANl991//

REF/E/DOC/SECNAV/15NOVl989//

REF/F/DOC/SECNAV/13DECl999//

REF/G/DOC/NAVPERS/OlOCTl999//

NARR/REF A IS 10 U.S.C. 624.
SECNAVINST 
SECNAVINST 
FORM 

1210.5A.
1811.3M.

1421/7  REV. 

lo-99.//

REF B IS 10 U.S.C. 5596.

REF C IS

REF D IS SECNAVINST 
REF F IS SECNAVINST 

1420.1A.
1920.6B.

REF E IS
REF G IS NAVPERS

THIS NAVADMIN IS THE AUTHORITY FOR EFFECTING TEMPORARY AND

RMKS/l.
PERMANENT OFFICER PROMOTIONS.
NAVY, ACTING FOR THE PRESIDENT OF THE UNITED STATES, APPOINTS
PERMANENT REGULAR AND RESERVE OFFICERS TO THE GRADE OF LIEUTENANT
PER REF B,
COMMANDER IN THE LINE AND STAFF CORPS.
THE NAVY TEMPORARILY APPOINTS LIMITED DUTY OFFICERS.
APPOINTMENTS ARE EFFECTIVE ON THE DATE INDICATED.

UNDER REF A, THE SECRETARY OF THE

THE SECRETARY OF

THESE

RESERVE OFFICERS SHOULD CONSULT REF C FOR INFORMATION CONCERNING

DIRECT INQUIRIES TO NAVPERSCOM

2.
TRANSFER TO THE REGULAR NAVY.
(PERS-801).

IF A COMMANDING OFFICER DETERMINES THAT AN OFFICER UNDER HIS OR
3.
HER COMMAND IS NOT MENTALLY, PHYSICALLY, MORALLY, OR PROFESSIONALLY
QUALIFIED FOR PROMOTION,
THIS IS THE CASE,
BEFORE THE EFFECTIVE DATE OF APPOINTMENT, UNLESS IT IS IMPRACTICAL TO
DO SO, IN WHICH CASE 
REQUIRES THAT SUPPORTING DOCUMENTATION AND A STATEMENT FROM THE
OFFICER BE FORWARDED IMMEDIATELY TO NAVPERSCOM  
NAVPERSCOM (PERS-8023).

THE COMMANDING OFFICER SHOULD NOTIFY THE OFFICER

NOTIFI$ATION  WILL BE AS SOON AS POSSIBLE.

THE PROMOTION SHALL NOT BE EFFECTED. IF

(PERS-83),  COPY TO

REF D

4.

OFFICERS CONSIDERING VOLUNTARY RETIREMENT SHOULD REVIEW REF E FOR

815102

SERVICE OBLIGATION UPON ACCEPTING PROMOTION.
RESIGNATION OR RELEASE FROM ACTIVE DUTY UNDER REF F MAY ACCEPT
PROMOTION WITHOUT INCURRING ANY ADDITIONAL ACTIVE DUTY OBLIGATION.

OFFICERS ANTICIPATING

PROVIDED THE OFFICER IS QUALIFIED UNDER 

5.
OFFICER SHALL PREPARE AND HAVE THE OFFICER VERIFY AND SIGN REF I
ACCEPTING OR DECLINING THE PROMOTION.
APPOINTED UNDER REFS A OR B ARE CONSIDERED TO HAVE ACCEPTED SUCH
APPOINTMENT ON THE DATE INDICATED UNLESS EXPRESSLY DECLINED IN
WRITING.
NAVPERSCOM (PERS-8023).

MAIL ONLY THE ORIGINAL OF REF G WITHIN 30 DAYS TO

PARA  3, THE COMMANDING

OFFICERS LISTED BELOW WHO ARE

PROPOSED LEGISLATION IN THE FISCAL YEAR 2002 NATIONAL DEFENSE
6.
AUTHORIZATION ACT (NDAA) WOULD AUTHORIZE THE SECRETARY OF THE NAVY
TO ADJUST THE DATE OF RANK OF THOSE OFFICERS BELOW WHO SHOULD HAVE
BEEN PROMOTED ON 1 OCT 01.
PROPOSED LEGISLATION THE DOR OF THE OFFICERS BELOW WILL
AUTOMATICALLY BE ADJUSTED TO 1 OCT 01

UPON ENACTMENT OF THE NDAA WITH THE

READ NAME,

LAST FOUR DIGIT SSN/DESIG

PERMANENT PROMOTION TO LIEUTENANT COMMANDER

APPOINTED UNDER THE PROVISIONS OF REF A

LINE

SENATE CONFIRMED
DOR/EFF DATE
ICTED LINE OFF1

5892/1100
7145/1315

16 OCT 2001
16 OCTOBER 2001

R

J
sa

4956/1100 
9613/1100  
1439/11
3586/113Oc_
9091/1100 ,
7494/1100 4
7878/1100 
a

ii&

0819/13181

ENGINEERING DUTY OFFICER 14XX

AEROSPACE

‘426
.I^
.._

-MAINTENANCE

4691/1520

FICER 152X

SPECI-AL DUTY OFFICER CRYPTOLOGY 161x

9309/1615
AL DUTY OFFICER INT

-.-

__ 

_~_

.-.

,5774/1310
4634/1100
9195/1320
6813/1310
1653/1100
2460/1115

:>, 
b 
% 

7939/1310
2516/1100
3571/1100
9116/1100
aO6/1100
1378/1100
4285/1310
6/1110
3/1100
5958/1100
_9843/1310
_._ 
'40/1315
2064/1100
7840/1100
1794/1310
0241/1310
0700/1110

-6 

1514/1610

http:Nwww.bupers.navy.mivnavadmin/navOllnavOl277.txt

s/5/02

8443/1630
5469/1630
SPECIAL DUTY OFFICER
2657/1650
DUTY OFFICER
JR
3546/1800
TY OFFICER LI
3074/6180
2790/6430
1565/6400
28/6470
60/6330
74/6260
OMOTION

PEALE

'UBLIC AFFAIRS 165X

OCEANOGRAPHY 

180X

IE 

61XX.62XX.63xx.64~~

1382/6430
2817/6460
9874/6410
6046/6110
!2562/6440

'0 LIEUTENANT COMMANDER

T
LINE

APPOINTED UNDER THE PROVISIONS OF REF B

DOR/EFF DATE

DUTY OFFICER LINE 

16 OCTOBER 2001
61XX,62XX,63xx,64xx

7393/6131

PERMANENT PROMOTION TO LIEUTENANT COMMANDER

STAFF CORPS

APPOINTED UNDER THE PROVISIONS OF REF A

SENATE CONFIRMED
DOR/EFF DATE

27 JULY 2001
01 OCTOBER 2001

CER STAFF 

65Xx

CONGRATULATIONS.

RELEASED,

7.

8.

BT

http:Nwww.bupers.navy.mivnavadmin/navOl/nav01277.txt

815102