S
HD:hd
Docket No: 07873-01
31 January 2002
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
From
:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
--.
(4
(1)
(2)
(3)
Title 10 U.S.C. 1552
DD Form 149 dtd 10
PERS-86 memo dtd 19 Apr 01
Subject’s naval record
Ott 01 w/attachments
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 lineal position, date of rank, and effective date in the grade of
commander he would have been assigned had he been selected for promotion to that grade by
the Fiscal Year (FY) 01 Naval Reserve Line Commander Selection Board, vice the FY 02
Naval Reserve Line Commander Selection Board. He specifically requested a date of rank
and effective date of 1 October 2000.
2. The Board, consisting of Messrs. Chapman and Kim and Ms. Nofziger, reviewed
Petitioner’s allegations of error and injustice on 31 January 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
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. Enclosure (2) is an advisory opinion from PERS-86, the NPC office responsible for
Naval Reserve officer promotions, in Petitioner ’s prior case (docket number
stated “If [Petitioner’s] request for correction of his Acceptance of Oath date is approved and
he is selected by the FY-02 board, we would further recommend an assignment of a date of
rank commensurate with his Active-Duty running mate which is 1 October 2000.
” This
Board did approve his prior request to change his acceptance of oath date.
by the FY 02 Naval Reserve Line Commander Selection Board and promoted to commander.
He was selected
111501). They
CONCLUSION:
Upon review and consideration of all the evidence of record,
(2), the Board finds the existence of an
contents of enclosure
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
a. That Petitioner’s naval record be corrected, where appropriate, to show his date of
2000; and that his lineal
rank and effective date in the grade of commander as 1 October
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.
ROBERT D. ZSALMAN
Recorder
JONATHAN s.
Acting Recorder
/&+&l,
id.-
RUSKIN
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
= W. DEAN PFEIFFER
Executive Director
2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
542 0
PERS-86
APR
I9
2001
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQ
LCD
EC0
us
Encl:
(1) BCNR File
01115-01 w/Service Record
We are returning enclosure (1) with the following
1.
observations
and
request
recommendatio
his request for promotion to Commander be disapproved.
for
date+!!
@&'L'T
ieutenant Commander
JUS ment be approved and
&&&7%&s
'
advisory
o@+io,n that
PERS-9
14 June 1999 date of
Id be corrected to 1 June 1999
2.
We are in agreem
Lieutenant Commander
an administrative er
to maintain service continuity.
3.
Lieutenant Commander
not be approved administ
accomplished through selection by a statutory promotion board.
Lieutenant Command
consideration by t
selection board due to the break in service between his active
duty resignation and his reserve Acceptance of Oath date.
Consequently, his record was not considered until the FY-02
Naval Reserve Commander Selection Board convened in March 2001.
The results from that board will be released approximately 60-90
days from the date of the board's adjournment.
s deferred for promotion
Reserve Commander Line
request for promotion can
fficer promotion can only be
If Lieutenant Command
4.
of his Acceptance of
the
date of rank commensurate with his
which is 1 October 2000.
FY-02 board, we would
Oath
request for correction
ed and he is selected by
end an assignment of a
Active-Duty
running mate
Promotions,
Appointments, and
Enlisted Advancement Division
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