S

HD: hd
Docket No:  
20 September 2002

07857-02

DEPARTMENT OF THE NAVY

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

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)

DD Form 149 dtd 27 Aug 02
PERS-80 memo dtd 5 Sep 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 by changing his ensign date of rank to 22 August 1998, his lieutenant junior grade
date of rank and effective date to 22 August 2000, and his lieutenant date of rank and
effective date to 1 September 2002.
ensign date of rank, as the Navy Personnel Command (NPC) has already changed it as he
requests. They likewise did not consider his request to change his lieutenant date of rank and
effective date, as he has not yet been promoted to that grade; however, as indicated below,
they have afforded him special selection board consideration for promotion to lieutenant. If
he is promoted by that avenue, he will receive the lieutenant date of rank and effective date
he seeks. His current lieutenant junior grade date of rank and effective date is 13 April

The Board did not consider his request to change his

 2001.

 

2. The Board,
consisti
Petitioner’s allegations 0
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.

its

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  

the subject matter of this case has commented to the effect that all of Petitioner
including those the Board did not consider, should be approved.

(2), the NPC office with cognizance over
’s requests,

C. The Fiscal Year (FY) 02 Staff Lieutenant Selection Board convened on

14 May 2001. The senior officer in the promotion zone had a date of rank of
2 September 1999; the junior in the zone had a date of rank of 1 September 2000 (no below
zone eligibility). With Petitioner’s current lieutenant junior grade date of rank of
13 April 2001, he was too junior to be eligible for this promotion board, so he was not
considered. With the 22 August  
for consideration as an officer in the zone. Therefore, correcting his lieutenant junior grade
date of rank as he requests would entitle him to consideration by a special selection board for
the FY 02 Staff Lieutenant Selection Board.

2ooO date of rank he requests, he would have been eligible

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 paragraph 3.c above, the Board finds the
existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected, where appropriate, to show his date of

rank and effective date in the grade of lieutenant junior grade as 22 August 2000, vice
13 April 2001; and that his lineal precedence be adjusted accordingly.

b. That the Chief of Naval Operations grant Petitioner consideration by a special

selection board for the FY 02 Staff Lieutenant 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

Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
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

r

&f3wmwJd 
JONATHAN S.  
Acting Recorder

,/A

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.

Executive 

Direct0

DEPARTMENT OF THE NAVY
COMhAND
380s~0000

NAVY PERSONNEL  
MILLINGTON  TN 

5720  INTEGRITY  DRIVE

5420
PERS-80
0 5 SEP 2002

EXECUTIVE RIRECTOR,
NAVAL RECORDS

BOARD FOR CORRECTION OF

t

MEMORANDUM FOR

Via:

Subj;

Assistant for BCNR Matters 

(PERS-OOZCB)

REQU
LTJG

Encl:

(1) BCNR File

1.

Forwarded, recommending approval.

original A and 0 date was issued in error.
change his A and 0 date is warranted.

In

2.
LTJG
Member's
addition,
the corresponding
ranks for LTJG and LT are j
entitled to any pay and  
adjustment  of  these dates.

a&lowances

t

should be
titled  with the

DEPARTMENTOF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

‘20370-5100

HD:jsr
Docket No: 07857-02
20 November 

2002

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

Secretary of the Navy

Subj 

:

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1) BCNR rept in Subject ’s case dtd 20 Sep 02 less  

encls

(l), they directed the requested correction of his lieutenant junior grade date of

In their report at

Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,

1.
applied to this Board requesting, in effect, that the applicable naval record be corrected by
changing his lieutenant junior grade date of rank and effective date to 22 August 2000, and
his lieutenant date of rank and effective date to 1 September 2002.
enclosure 
rank and effective date. As he had not yet been promoted to lieutenant, and they found he
should have been considered by the Fiscal Year (FY) 02 Staff Lieutenant Selection Board,
they further directed that he have a special selection board for the FY 02 Staff Lieutenant
Selection Board. However, because he was an FY 03 selectee, he was not eligible for special
selection board consideration. As an FY 03 selectee, he is to be promoted to lieutenant with
a date of rank and effective date of 1 October 2002.
2. The Board, consisting of Messrs. Adams, Pfeiffer and Zsalman, reviewed Petitioner
allegations of error and injustice on 20 November 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
enclosure, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s

’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 light of Petitioner ’s status as an FY 03 lieutenant selectee, the Board finds it
probable that he would have been selected by the FY 02 Staff Lieutenant Selection Board,
and promoted with a 1 September 2002 date of rank and effective date, had he been
considered as he should have been with his corrected lieutenant junior grade date of rank.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of
Board’s findings at paragraph 3.b above, the Board finds the existence of an injustice
warranting the following corrective action.

the

RECOMMENDATION:

a. That Petitioner’s naval record be corrected, where appropriate, to show   he was
promoted to lieutenant with a date of rank and effective date of 1 September 2002; and that
his lineal precedence be adjusted accordingly.

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.

4

ROBERT D. ZSALMAN
Recorder

b

 
$ A - &&
. d 
JONATHAN S.  
RUSKIN
Acting Recorder

, &A

22

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.

FOL W. DEAN PFEIFFER

Executive Director