DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD: hd
Docket No: 08353-01
13 May 2002

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

Secretary of the Navy

Subj:

L
R

Ref: (a)

Title 10 U.S.C. 1552

Encl:

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

dtd‘9 Nov 01 w/attachments

DD Form 149  
PERS-911 memo dtd 8 Apr 02
PERS-80 memo dtd 12 Apr 02
Memo for the Record dtd 9 May 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 her grade from lieutenant (pay grade O-3) to lieutenant commander
(pay grade O-4).

2. The Board, consisting of Mses. Davies and Gilbert and Mr. Kastner, reviewed
Petitioner’s allegations of error and injustice on 9 May 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 (1) was filed in a timely manner.

C.

Petitioner was commissioned as a lieutenant in the Nurse Corps of the Naval Reserve

on 7 August 2001, under the inter-service transfer statute, title 10, United States Code,
section 716. She transferred from the Air Force Reserve to the Naval Reserve. At the
of her transfer, she was a selectee for major (pay grade O-4) in the Air Force Reserve, with
a projected promotion date of 1 October 2001.

  time

d.

In correspondence attached as enclosure

(2)) PERS-9 11, the Navy Personnel
 

’s application for  “the integration of her promotion into

” should be granted. They stated

” They further stated  “By waiting until 1 October 2001, her Air Force promotion to

Command (NPC) office having cognizance over Naval Reserve personnel administration, has
commented to the effect that Petitioner
the Naval Reserve Lieutenant Commander promotion list
“From the documentation provided in [her application at enclosure (l)], it is apparent the
member was given inappropriate counsel as to the timing of her appointment into the Naval
Reserve. 
[major] would have become effective, thus allowing her to be appointed anytime [sic] after
that date as a Lieutenant Commander in the Naval Reserve.
record be corrected to show that she accepted a Naval Reserve appointment as a lieutenant
commander on 2 October 2001, and that the appointment documents reflect a date of rank of
1 October 2001. They stated that this action would allow retroactive appointment as a
lieutenant commander and appropriate reimbursement for paid drills performed thus far.
They further commented that they would also insure Petitioner
from consideration by the upcoming Fiscal Year 03 Naval Reserve Staff Lieutenant
Commander Selection Board scheduled for June of this year

” They recommended that her

’s name would be removed

[24 June 
 

20021.

‘e.

In correspondence attached as enclosure

(3), PERS-80, the NPC office having
 

cognizance over reserve officer career progression, has commented to the effect that
Petitioner’s request  “to honor her inter-service transfer appointment to Lieutenant
Commander” should be approved. They noted that her acceptance of a 2 October 2001
(2), would place her as a
 
appointment, per the PERS-911 recommendation at enclosure
lieutenant commander on entry into the Naval Reserve.
transfer agreement would mean [Petitioner] would be brought in as a Lieutenant Commander
and would not have to participate in another Lieutenant Commander Promotion Selection
Board. 
”

They added that  “The inter-service

f.

The memorandum for the record at enclosure (4) reflects

 
NPC (PERS-8023) has

advised that on 7 August 2001, the President
title 10, United States Code, section 12203, as a lieutenant commander in the Naval Reserve
had been delegated to the Secretary of the Navy.

’s authority to issue a direct commission, under

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
advisory opinions at enclosures (2) and
action. However, they recommend a different remedy from that proposed by the advisory
opinions. They find Petitioner ’s record should be corrected to show that when she was
commissioned on 7 August 2001, she was commissioned, under the reserve direct commission
statute, in the grade of lieutenant commander, with a date of rank of 7 August 2001.

(3), the Board finds an injustice warranting corrective
 

The Board agrees with the advisory opinions that it is within the Board
Petitioner entered the Naval Reserve as a lieutenant commander, without correction of her

’s authority to show

W

2

Air Force record to show she attained the grade of major.
accomplishing this is to create the fiction that she entered the Naval Reserve by way of a
direct commission, rather than inter-service transfer. However, they do not agree her record
should be corrected to show she did not enter the Naval Reserve until 2 October 2001, as this
would take away from her the service she has performed from 7 August 2001 to
1 October 2001, and she did not request this correction.
direct commission as a lieutenant commander, there would be no need to postdate her
commissioning.

Treating her as having received a

They consider the best means of

The Board recognizes that Petitioner would not have been promoted to major in the Air Force
Reserve until 1 October 2001; and that this would have been her lieutenant commander date
of rank, had she delayed her inter-service transfer as she should have.
consistent with their position that the legal basis for her commissioning should be changed
from inter-service transfer to direct commission, they conclude she may be assigned a date of
rank other than 1 October 2001.
They conclude that the appropriate date of rank in her case
would be 7 August 2001, the actual date she was commissioned in the Naval Reserve.
Although assigning her this date of rank leaves her in a better position than she would have
had if her injustice had not occurred, they note that 7 August 2001 is the latest lieutenant
commander date of rank she could properly be assigned, without postdating her
commissioning in that grade.

Nevertheless,

In view of the above, the Board recommends the following corrective action:

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that when she was commissioned

in the Nurse Corps of the U. S. Naval Reserve on 7 August 2001, the authority for her
commission was title 10, United States Code, sections 12203 and 1552, rather than section
716; that she was commissioned in the grade of lieutenant commander, rather than lieutenant;
and that she was assigned a lieutenant commander date of rank of 7 August 2001, with
corresponding adjustment of her lineal precedence.

b. 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

C. 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.

It is certified that a quorum was present at the Board
4.
the foregoing is a true and complete record of the Board
matter.

’s review and deliberations, and that
’s proceedings in the above entitled

ROBERT D. ZSALMAN
Recorder

,JJ-oem~-f  
~NATHAN s. 
Acting Recorder

d? 
RUSKIN

/L!L&4&

5. The foregoing report of the Board is submitted for your review and action.

TCAdA+

FEL W. DEAN PFEIFFER

Reviewed and approved:

!,UG 

16 

?“,

Joseph G. L
Assistant General Counsel
(Mannower and Reserve  

y

 
’

Affairs)

DEPARTMENT OF THE
PERSONNEL 

N AVY 

COMMAND

  NAV Y

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

5420
PERS-911
8 Apr 0
2

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via : Assistant  for  BCNR Matter

s

(PERS-OOZCB)

Subj 

:

REQUEST FOR COMMENTS AND R
C, USNR
L

Ref :

(a)  DOD Directive 1300.
(b) SECNAVINST  

i000.7D

4

Encl

:

( 1 ) BCNR   memo  5420  PERS-OOZCB of 20 Mar 02

ure (1) is forwarded with the recommendation tha
petition for the integration of her promotion into th
rve Lieutenant Commander promotion list be granted

t

.

e

e

equested inter-service transfer from the Air Forc

2 .
Reserve  to the Naval Reserve on 17 August 2000.
professional review board convened by the Chief, Bureau of
Medic
Capta
Naval
Acceptance was is
15 August 1994 to

rgery recommended approval of then Air Force
inter-service to the Naval Reserve.
concurred,

and an Oath of Officer Appointment and
lieutenant with a date of rank of
which she accepted on 7 August 2001.

The Nurse Corps

The Bureau of

From the documentation provided in enclosure

3.
apparent the member was given inappropriate counsel as to the
timing of her appointment into the Naval Reserve.
until 1 October 2001,
become effective,
that date as a Lieutenant Commander in the Naval Reserve.
is an obvious oversight,

which is in need of remedy.

her Air Force promotion to 04 would have

thus allowing her to be appointed anytime after

By waiting

(l), it is

 

This

4.

To correct this inequity,

we recommend that The Board for

of Naval Records direct that the records reflect
cepted a  

N8val Reserve appointment as a Lieutenant

Commander on 2 October 2001.
The appointment documents should
reflect a date of rank of 1 October 2001. This action will allow

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
L

C, USNR,

retroactive appointment as a Lieutenant Commander and appropriate
reimbursement for paid drills performed thus far.
insure the member's name is removed from promotional
consideration from the upcoming FY 03 Selection Board scheduled
for June of this year.

We will also

act in thi
ommercial

B, at.

Administration Division

eserve Personnel

DEPARTMENT OF THE NAV

NAVY PERSONNEL   COMMAN D
MILLINGTON TN  
38055-0000

5720 INTEGRITY DRIVE

Y

5420
PERS-80
12  APR 

2002

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters

 

(PERS-OOZCB)

Subj:

REQUEST F
LIEUTENAN

COMMENDA
C, USNR,

Encl:

(1) BCNR File 08353-01

1.
Lieutenan
appointme

We are returning enclosure

 

(1) recommending approval of

equest to honor her inter-service transfer
tenant Commander.

a
1

acceptance of a 2 October 
ation would plac

2 .
Lieuten
per PERS-91
Lieutenant Commander coming in to the Naval 
service transfer agreement would mean
brought in as a Lieutenant Commander and would not have t
participate in another Lieutenant Commander Promotion Selectio
Board .

e Lieutena
R
Lieuten

 

2
n

o

n

Deputy Director,
Reserve Officer Career
Progression Division

Active and

MEMO FOR RECORD

9 May 2002

title 10, United States Code, section 12203 to issue a direct commission as a 
Naval Reserve.

LCD& in the

red the Naval Reserve on

egated the President ’s authority under