DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 07693-02
13 December 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
Encl:
(a) Title 10
U.S.C. 1552
DD Form 149 dtd 28 Aug 02 w/attachment
(1)
(2) PERS-921 memo dtd 25 Nov 02
(3) Subject’s naval record
1. 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 her commander date of rank to restore her relative seniority in her
officer community. Her current date of rank is 1 December 1998.
2. The Board, consisting of Messrs. Grover, Neuschafer and Pauling, reviewed Petitioner ’s
allegations of error and injustice on 12 December 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’s allegations
of error and injustice, finds as follows:
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
(NW)
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 recommend adjusting her
date of rank to 1 June 1998.
(2), the Navy Personnel Command
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s
naval record be corrected, where appropriate, to change her
commander date of rank from 1 December 1998
precedence be adjusted accordingly.
’to 1 June 1998; and that her lineal
b. That any material or entries inconsistent with the Board
corrected, removed or completely expunged from Petitioner
or material be added to the record in the future.
’s recommendation be
’s record and that no such entries
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
6(c) of the revised Procedures of the Board for Correction of Naval
4. Pursuant to Section
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
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
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
Direct0
2
DEPARTMENT OF THE
PERSONNEL COMMAN
NAVY
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
NAV Y
D
5420
Pers-921
25 Nov 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Assistant for BCNR Matters
(Pers-OOZCB)
Via:
Subj: R
Ott 02
(1) with the fol
(FSO) Community was
(URL) Community in 1995, and
1100/1105/1107
petitioning for an adjustment to her
ping as it applies to promotion
The petitioner asserts that she suffered an
C
(a) BCNR Memo 5420 Pers-OOZCB of 25
(1) BCNR File No. 07693-02
We are returning enclosure
Ref:
Encl:
1.
observations and the recommendation th
petition be supported.
2.
CDR
date of
eligibility.
injustice when the Fleet Support Officer
detached from the Unrestricted Line
then recombined with the URL in 1999.
We assert that an
injustice may have occurred in that some of the
personnel were reassigned to a position that did not reflect
their earlier standing when they were lieutenant commanders.
Specifically,
135 FSO Training and Administration of Reserves
(TAR) officers were affected in the transitions from and to the
URL.
community caused personnel to be looked at earlier in the 1995-
1999 timeframe than their URL counterparts.
1420.1A addresses flow points for active duty which reserve
forces mirror through use of the running mate system.
point for commander is 16 years with a variance of + or
year.
The petitioner promoted to commander at the
month point in keeping with her running mates and within flow
point guidelines of SECNAVINST
next in-zone eligibility for captain puts her at the 23-year and
6-month mark, which is one year and six months above the notional
flow point and not in accordance with SECNAVINST
Therefore,
we are of the opinion that to comply with SECNAVINST
1420.1A, her date of rank needs to be adjusted by subtracting six
months from her current date of rank of 981201.
If the BCNR
board finds in favor of the petitioner, her new date of rank
should be 980601 with an inactive precedence number of 225284-00.
This will put her in zone for the FY-04 Reserve Officer Captain
(TAR) selection board which convenes 13 January 2003.
It is worthy of note that the billet base for the FSO
In fact SECNAVINST
The flow
- one
8-
16-year,
The projection for her
1420.1A.
1420.1A.
OMMENDAT
tment in date of rank will not all
ss more
1107 officers who
ommunity.
bypass only year group 83
enacted.
senior
U
w
mmendation is
By direction
erve Personnel
Community Manager
2
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