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NAVY | BCNR | CY2002 | 05756-02
Original file (05756-02.pdf) Auto-classification: Approved
DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

HD: hd
Docket No: 05756-02
4 October 2002

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

Secretary of the Navy

Subj: L

REVIEW OF NAVAL RECORD

CEC, USN

Ref:

(a) Title 10 U.S.C. 1552

Encl :

(1) DD Form 149 dtd 4 Jun 02 w/attachments
(2) PERS-80 memo dtd 7 Aug 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
date.of rank and effective date from 1 October 2002 to
corrected to adjust her lieutenant  
1 June 2002.

2. The Board, consisting of Messrs. Chapman, Kim and Pfeiffer, reviewed Petitioner
allegations of error and injustice on 3 October 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.

Petitioner was properly not considered by the Fiscal Year (FY) 01 Staff Lieutenant

 

(CEC),officer until

Selection Board, as she did not become a Civil Engineer Corps
24 January 2002, after that promotion board had met on 14 May 2001. She was considered
and selected by the FY 01 Line Lieutenant Selection Board, which met on 25 June 2002.
a result of this selection, she had a projected due course promotion date of 1 June 2002.
2001 (copy in enclosure (1) at Tab A), she was advised of her
message of 28 December  
selection for appointment to the CEC by the November 2001 Transfer/Redesignation Selection
Board. Paragraph 3.B of this message stated  “Officers who are promotion selectees should
contact their current  
accepted redesignation as a CEC officer; this nullified her selection for promotion as a line

de&tiler to discuss redesignation timing. ” On 24 January 2002,  Petitioner

As
By

officer. She received an FY 03 promotion to lieutenant, CEC, with a date of rank and
effective date of 1 October 2002.

C.

Petitioner contends she accepted her CEC appointment  

that I still would be promoted on 01 Jun 02 to the rank of LT [lieutenant].
later learned that her having accepted her redesignation before her promotion nullified her
selection to lieutenant.

 

“...with the understanding
” She says she

d.

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 recommended changing
her date of rank (and by implication, effective date) to 1 June 2002, stating that 
selection boards for the year in question had a selection criteria [sic] of All Fully Qualified
(AFQ) regardless of the competitive category within the Line or Staff community.

”

“Lieutenant

CONCLUSION:

(2), the Board finds the existence of an injustice warranting the

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure  
requested relief. They recognize that the message of 28 December 2001 advised Petitioner to
consult her detailer about the timing of her redesignation; that she does not allege she did
this; and that she does not allege  
she should be penalized for having accepted a staff corps appointment the Navy saw fit to
offer her.

In view of the above, the Board directs the following corrective action:

anyqne advised her erroneously. However, they do not feel

RECOMMENDATION:

a. That Petitioner’s naval record be corrected, where appropriate, to show her date of
2002, vice 1 October  

rank and effective date in the grade of lieutenant, CEC, as 1 June
and that her lineal precedence be adjusted accordingly.

 

2002;

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. ZSALMAN
Recorder

‘j-d-J/--y/:~_+J 
#’
‘JONATHAN  S.  
Acting Recorder

d<-
RUSKIN

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.

DEPARTMENT OF THE NAV

Y

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

5420
PERS-80
0 
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

I AUG 

2002

NAVAL RECORDS

v ia :

Subj:

Assistant for BCNR Matters

 

(PERS-OOZCB)

REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF

EC, USN

Encl:

( 1 ) BCNR File 05756-02

1 .

Forwarded,

recommending approval.

Lieutenant selection boards for the year in question had a

2.
selection criteria of All Fully Qualified (AFQ) regardless of
the
LTJ
In
associated with this change.

tegory within the Line or Staff community.
te of rank s
hould 

beventi

d allowances

and Reserve



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