DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD:hd
Docket No: 06689-02
4 November 2002

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

Secretary of the Navy

Subj 

:

LCD
REV

Ref: (a)

Title 10 U.S.C. 1552

,U

Encl:

(1)
(2)
(3)
(4)
(5)
(6)

N131Y memo dtd 7  

DD Form 149 dtd 5 Jul 02 w/attachments
PERS-80 memo dtd 27 Aug 02
DCNO 
Pers-8023 e-mail dtd 17  
Memo for record dtd 21  
Subject’s naval record

Ott 02

Ott 02
Ott 02

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 acceptance date of his commissioning as a lieutenant commander,
U. S. Navy as 1 February 2002, vice 17 June 2002. He further requested removal of his
failure of selection for promotion before the Fiscal Year (FY) 03 Line Commander Selection
Board.

2. The Board, consisting of Messrs.
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.

Car-ken and Pfeiffer and Ms. Moidel, reviewed

 

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

all the facts of record pertaining to Petitioner ’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. The FY 03 Line Commander Selection Board convened on 19 February 2002.

Petitioner failed of selection by this promotion board. The FY 03 Supply Corps (SC)
Commander Selection Board convened on 11 March 2002. He was not considered, as he 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), PERS-80, the Navy Personnel

Command (NPC) office having cognizance over officer promotions, commented to the effect
that Petitioner’s request should be denied.

e.

In correspondence attached as enclosure  

(3), N13 

lY, 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 his request should be approved.

f.

In e-mail attached as enclosure  

N131Y opinion, concurred with the recommendation to remove Petitioner
selection by the FY 03 line board. They recommended against a special board for the FY 03
SC board Petitioner missed, as they felt this would result in a failure of selection.

(4), NPC Code Pers-8023, having reviewed the
’s failure of

g. The memorandum for the record at enclosure (5) 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
special selection board for the FY 03 SC Commander Selection Board.

(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 Board.
promotion board met, so he was correctly not considered by this board.

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

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 he became an SC
officer before the convening of this promotion board, which did not consider him.

However,
they do not feel this would be remedial, as Petitioner did not request it; and NPC has advised
that if he were considered by such a special selection board, a failure of selection might well
result, which would effectively negate the benefit of removing his failure by the FY 03 Line
Commander Selection Board.

2

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 his

commissioning as a lieutenant commander, SC, U. S. Navy as 1 February 2002, vice
17 June 2002.

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

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

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

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

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

JONATHAN S.  
Acting Recorder

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.

% W. DEAN PFEIFFER

Executive Director

3

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON 

TN 38055-000

Y

0

5420
PERS-80

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

Ref:

Encl:

(a) CNO Washington DC   1521502 
(b) SECNAVINST  
1210.5A
(1) BCNR File  06689-02

Ott 01

1 .

Enclosure (1) is returned,

recommending disapproval of LCDR

request for removal of his failure of selection

ing from the FY-03 Active-Duty Co
We also recommend tha
appointme

Selection board.
to have his effective date of
changed to 01 Feb 02 be disapproved.

4

eligible before the FY-03
lection  board as convened.
s approved for transition from
Ott 01.
The
Supply Corps in  
Ott 01
.-officers  selected for the Supply

"Change of designator effective 01  

Per reference (a),
the Fleet Support
message states that,
with the following exceptions:
Corps will retain the   1100 designator pending senate
confirmation."
between the line and the staff corps be appointed under section
5582 of Title 10 USC and that such appointment be made by the
President, by and with the advice and consent of the Senate.
Senate confirmation occurred on 21 Mar 02.
still designated as an 1100 at the time of
promotion selection board and w

(b) requires officers who transfer

Reference 

Commander

was

Division

DEPARTMENT OF THE
 
FFICE OF  THE CHIEF   OF NAVAL OPERATI

2000  NAVY PENTAGO N

WASHINGTON. D.C. 20350.200

0

NAVV

C

IN REPLY REFER TO

5450
N131Y
7 

Ott 2002

Sub_j:  REQUEST FOR  

C‘OMMFN ’I‘S AND 

FLE1~T  SUPPORT OFFICERS' REDESIGNATION TO 

REC ’OMMENDATlC)N  IN 
SUI'PI~J'  

(‘ASl: 
('Ol