DEPARTMENT OF THE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

HD: hd
Docket No: 06 108-02
4 November 2002

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

Secretary of the Navy

Subj: LC

Ref:

Encl:

REVIEW OF NAVAL RECORD

S

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

(1) DD Form 149 dtd 2 Jul 02
N131Y memo dtd 7  
(2) DCNO  
(3) Pers-8023 e-mail dtd 17
(4) Memo for record dtd 2 
1
(5) Subject ’s naval record

Ott 02
Ott 02

Ott 02

Pursuant to the provisions of  

refgrence (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 acceptance date   of her commissioning as a lieutenant commander,
2002. She further requested removal of her
U. S. Navy as 1 February 2002, vice 9 July
failure of selection for promotion before the Fiscal Year (FY) 03 Line Commander Selection
Board.

 

The Board, consisting of Messrs. Carlsen and Pfeiffer and Ms. Moidel, reviewed
2.
Petitioner’s allegations of error and injustice on 24 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.

3. The Board, having reviewed all the facts of
of error and injustice, finds as follows:

 

record pertaining to Petitioner ’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations  

witbin 

the Department of the Navy.

b. The FY 03 Line Commander Selection Board convened on 19 February 2002.
The FY 03 Supply Corps (SC)
 
2002. She was not considered, as   she

Petitioner failed of selection by this promotion board.
Commander  Selection Board convened on 11 March  
was not commissioned as an SC officer until after

this promotion board had convened.

 

C.

Title 10, United States Code, section 628(a)(l) mandates that a special selection

board be convened to consider a person who should have been considered by a regular officer
promotion selection board, but was not considered because of an administrative error.
Section 628(a)(3) provides that if the special selection board convened under section 628(a)(l)
does not select the person for a grade below flag officer grade, the person shall be considered
to have failed of selection for promotion.

d.

In correspondence attached as enclosure  

(2), 

N131Y, the Deputy, Chief of Naval

Operations office having cognizance over the human resources officer community, with
special expertise concerning the circumstances of Petitioner ’s transition from line to staff, has
commented to the effect that her request should be approved.

In e-mail attached as enclosure  

e.
(3), NPC Code Pers-8023, having reviewed the
1Y opinion, concurred with the recommendation to remove Petitioner ’s failure of
N13 
selection by the FY 03 line board.
SC board Petitioner missed, as they felt this would result in a failure of selection.

They recommended against a special board for the FY 03

f.

The memorandum for the record at enclosure (4) documents that a representative of

the Bureau of Naval Personnel  
Petitioner’s record to show commissioning as an SC officer on 1 February 2002 would not
cause cognizant Navy authorities to place the officer, without the officer
03.SC Commander Selection Board.
special selection board for the FY  

(N131F2) assured that action by this Board correcting

’s consent, before a

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
favorable advisory opinions, the Board finds an injustice warranting the requested relief.

The Board concludes it is not mandatory, under title 10, United States Code, section
628(a)(l), for Petitioner to have a special selection board for the FY 03 SC Commander
Selection 
promotion board met, so she was correctly not considered by this board.

In this regard, they note she was, in reality, still a line officer when this

Board.

The Board recognizes they could grant Petitioner a special selection board for the FY 03 SC
Commander Selection Board on the basis of the corrected record, reflecting she became an
SC officer before the convening of this promotion board, which did not consider her.
However, they do not feel this would be remedial, as Petitioner did not request it; and NPC
has advised that if she were considered by such a special selection board, a failure of
selection might well result, which would effectively negate the benefit of removing her failure
by the FY 03 Line Commander Selection Board.

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

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show the acceptance date of her

commissioning as a lieutenant commander, SC, U. S. Navy as 1 February 2002, vice
9 July 2002.

b. That Petitioner’s record be corrected further so that she be considered by the earliest

possible selection board to consider officers of her category for promotion to commander as
an officer who has not failed of selection for promotion to that grade.

That any material or entries inconsistent with or relating to the Board

’s

C.

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 any material directed to be removed from Petitioner ’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner 

s naval record.
’ 

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&_& ! Q J 
cY_
%NATHAN s.  
RUSKIN
Acting Recorder

/ AN ,

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 Director

C

.

0

 20350

. 

. 

. 

 I 

. _

FFICE OF   THE CH
2000 

. 

. _ 

. 

.

. 

. 

._ 

NAVAL OPERATI

. _ 

.

C

h4I:h4OlIAh’I)I  

IM 

I;OI< 

1’l‘l\‘l:  

1)1Rl1(‘I  

OR. 

13OARl~  

I.‘OI< 

(‘0111<1:(‘  

I‘IO’L 

()I,

I;SII(‘I 
\‘\\‘FII  

fif5(‘OI~I>S

SLII,J

I 
I