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NAVY | BCNR | CY2002 | 08262-02
Original file (08262-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

HD:hd
Docket No: 08262-02
10 March 2003


From: Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 dtd 10 Sep 02
(2)      PERS-80 memo dtd 10 Feb 03
(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 captain date of rank and effective date from 10 October 2000 to
1 October 2000.

2. The Board, consisting of Mses. Davies and Gilbert and Mr. Bishop, reviewed Petitioner’s allegations of error and injustice on 6 march 2003, 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 (2), the Navy Personnel Command (NPC) 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.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), 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 her date of rank and effective date in the grade of captain as 1 October 2000, vice 10 October 2000; and that her 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’s record, for retention in a confidential file maintained for such purpose.

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                                                     JONATHAN S. RUSKIN
Recorder                                                                        Acting Recorder



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.













2




DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
                                             5720 INTEGRITY DRIVE
                                             MILLINGTON TN 38055-0000
                                             5420
                                                                                                   PERS-80
                                                                                 10 FEB 2003
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:     Assistant for BCNR Matters (PERS-OOZCB)

Subj:    REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF


Ref:     (a) Title 10 USC §741

End:     (1) BCNR File 08262-02

1.       Forwarded, recommending approval.

2.       Due to an unnecessary administrative delay, Senate confirmation did not occur until 10 October 2000. CAPT~ petition is warranted; her date of rank should be changed to 01 October 2000. Additionally, should be entitled to any pay and allowances associate with this date of rank adjustment.





                  Director, Active and Reserve
Officer Career Progression
Division

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