DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
HD:hd
Docket No: 05088-02
15 August 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl :
REVIEW OF NAVAL RECORD
USN
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 6 May 02 w/attachments
(2) PERS-911 memo dtd 3 1 Jul 02
(3) 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 date of acceptance on his Naval Reserve Officer Appointment
Acceptance and Oath of Office (A&O) as 29 August
that his break in service caused a one-year deferral of his eligibility to be considered for
promotion to lieutenant commander.
2001, vice 30 August 2001. He stated
2. The Board, consisting of Mses. Humberd and Suiter and Mr. Lippolis, reviewed
Petitioner’s allegations of error and injustice on 15 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.
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.
approved, they will issue a corrected
break in service; and they will adjust his pay entry base date (PEBD) accordingly.
and a corrected statement of service to reflect no
They state that if his request is
A&O
C. Because of Petitioner ’s one-day break in service, he was ineligible for promotion
consideration for a period of one year from his entry into the Naval Reserve. The FY 03
Naval Reserve Line Lieutenant Commander Selection Board convened on 13 May 2002,
during that one-year period.
promotion zone for consideration by this promotion board. Closing the break in service, as
he has requested, would entitle him to consideration by a special selection board, since the
correction would make him an officer who missed a promotion board by which he should
have been considered in the zone.
But for the break in service, he would have been in the
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2) and the findings at paragraph
existence of an injustice warranting the following corrective action.
3-c above, the Board finds the
RECOMMENDATION:
a. That Petitioner’s naval record be corrected, where appropriate, to show his original
2001, vice
appointment as a lieutenant, U. S. Naval Reserve was accepted on 29 August
30 August
2001; and that his PEBD and anniversary date be changed accordingly.
b. That the Chief of Naval Operations grant him consideration by a special selection
board for the FY 03 Naval Reserve Line Lieutenant Commander Selection Board.
C. 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.
d. 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
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
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 of
5.
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.
-LiT-Zd*
Executive Director
DEPARTMENT
OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
Y
O
IN REPLY REFER T
5420
Pers-911
31 Jul 0 2
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Assistant for BCNR Matters
(Pers-OOZCB)
ND RECOMMENDATIONS
USNR,
ICO
Encl:
(1) BCNR memo 5420 Pers-OOZCB of 10 Jul 02
Enclosure (1) is forwarded with the following comments and
request to correct the
1.
recommendations concernin
date of his Oath of Office.
2.
Based on the information in
that there was an administrativ
petition, we agree
the processing of
The
se.paration orders specifically state
was required to accept a reserve appointment
leted his military service obligation. We
s claim that he mistakenly dated the Oath
of Office 30 August
2001,
vice 29 August 2001.
Oath of Office is currently on file in his
at Navy Personnel Command.
3.
per
changed from 30
the date of acceptance on the Oath
request is
August 2001 to 29 August 2001.
ice and a
approved,
corrected statement of service to reflect no break in service.
We will also adjust his Pay Entry Base Date to reflect no break
in service.
we will submit a correct
We recommend that
If
4. Point of contact
commer
in this matter
Officer Status Branch
Naval Reserve
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 | 03343-01
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, U. S. Naval Reserve from 22 December 1998 to 2 February 1998, the day after he left active duty; and that his lieutenant date of rank be changed accordingly from 2 February 1997 to 1 June 1996 (the date of rank he originally...
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 | CY2003 | 04088-03
Pursuant to 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 he accepted his commission as a lieutenant commander, Dental Corps (DC), U. S. Naval Reserve on 1 September 2002, rather than 28 October 2002; that his name be added to the list of eligibles for the Fiscal Year (FY) 04 Naval Reserve DC Commander Selection Board; and that he be promoted to commander accordingly. The...
NAVY | BCNR | CY2002 | 08353-01
They stated ” They further stated “By waiting until 1 October 2001, her Air Force promotion to Command (NPC) office having cognizance over Naval Reserve personnel administration, has commented to the effect that Petitioner the Naval Reserve Lieutenant Commander promotion list “From the documentation provided in [her application at enclosure (l)], it is apparent the member was given inappropriate counsel as to the timing of her appointment into the Naval Reserve. They find Petitioner ’s...
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 | CY2002 | 09826-02
c. In correspondence attached as enclosure (2), PERS-80, the Navy Personnel Command (NPC) office having cognizance over active and reserve officer career progression matters, has recommended that Petitioner's request to remove his failure of selection by the FY 03 Naval Reserve Line Commander Selection Board be disapproved. e. In correspondence attached as enclosure (4), Pers-911, the NPC office having cognizance over Naval Reserve personnel administration, has commented to the effect...
NAVY | BCNR | CY2001 | 08509-00
The Board, consisting of Messrs. Chapman, Shy and Zsalman, reviewed Petitioner’s allegations of error and injustice on 5 April 2001, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. They say the only action required of Petitioner to return to active duty or the Ready Reserve, if this correction is approved, is to request a Naval Reserve commission and submit a Ready Reserve service agreement to...
NAVY | BCNR | CY2002 | 00977-02
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. However, the conclusion...
NAVY | BCNR | CY2002 | 05388-02
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. - Inactive) status when you were Sl (Standby-Reserve Active) status on 6 August 1996, as you had expressed no The Board found it would not have been appropriate for cognizant naval authorities to bring up the possibility of transferring you to S2 (Standby Reserve transferred to interest in...