Y
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Docket No: 05 162-02
26 August 2002
DEPARTMENTOFTHE NAV
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:
L
REVIEW OF NAVAL RECORD
HC, US
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 dtd 2 May 02 w/attachments
PERS-80 memo dtd 6 Aug 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 his date of rank in the grade of lieutenant as
17 December 1999.
I August 1996, vice
2. The Board, consisting of Messrs. Harrison, Morgan and Pfeiffer, reviewed Petitioner
allegations of error and injustice on 22 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.
C. The Fiscal Year (FY) 03 Staff Lieutenant Commander Selection Board convened on
29 April 2002. With Petitioner ’s current lieutenant date of rank of 17 December 1999, he
was not eligible, as the junior eligible had a date of rank of 24 November 1998.
1 August 1996 date of rank
zone had a date of rank of 7 August 1996, and the senior in zone had a date of rank of
1 March 1996. Therefore, correcting his date of rank as he requests would entitle him to
h$ requests, he would have been in the zone, as the junior in
With the
consideration by a special selection board for the FY 03 Staff Lieutenant Commander
Selection Board.
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
of an injustice warranting the following corrective action.
pargraph 3.c above, the Board finds the existence
RECOMMENDATION:
a. That Petitioner’s naval record be corrected, where appropriate, to show that when he
was commissioned on 28 October 1999 as a lieutenant, Chaplain Corps, U. S. Naval
Reserve, he was assigned a date of rank of 1 August 1996, rather than 17 December 1999;
and that his lineal precedence be adjusted accordingly.
b. That the Chief of Naval Operations grant him consideration by a special selection
board for the FY 03 Staff 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
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
(J&&im~d:
JONATHAN S.
RUSKIN
Acting Recorder
AJ%
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.
Executive
Direc
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAN D
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
Y
5420
PERS-80
06 AUG
2002
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
AND R
CHC,
Encl:
(1) BCNR File 55162-02
1.
Enclosure (1) is returned,
uest to backdate his date of rank.
recommending approval of LT
closed a copy of his discharge from the Army
t showed his effective date of rank to O-3 as
The Officer Appointment Acceptance and Oath of
01 August 1996.
Office issued on 28 October.1999 incorrectly assigned him a date
of rank of 17 December 1999.
Inter-service transfers that remain in the same specialty do
3.
retain their date of rank from the prior service branch.
Recommend
ate of rank.
, Active and
Reserve Officer Career
Progression Division
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