DEPARTMENT OF THE  NAVY 

B O A R D F O R  C O R R E C T I O N   O F   N A V A L R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

HD: hd 
Docket No:  00294-03 
14 October 2003 

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

Secretary of  the Navy 

Ref: 

(a)  Title 10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 dtd  15 Dec 02 wlattachments 
(2)  PERS-80 memo dtd 4 Apr 03 
(3)  BUMED ltr dtd  3 Sep 03 
(4)  Memo for Record dtd  8 Oct 03 
(5)  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  adjusting the date of  rank on  his commission as a lieutenant, Dental Corps, 
U.  S. Naval Reserve to reflect credit for his prior service as an  0-3 (captain) in  the U.  S. 
Army.  His current lieutenant date of  rank is 9 May  1998. 

2.  The Board, consisting of Mses.  Davies and  Moidel and  Mr.  Novello, reviewed 
Petitioner's allegations of  error and  injustice on  9 October 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), PERS-80,  the Navy  Personnel 
Command office with  cognizance over active and  reserve officer career progression, 
concluded that Petitioner should have been  commissioned as a lieutenant commander, with  a 
date of  rank of  15 April  1998; but they  said the Bureau of  Medicine and Surgery (BUMED) 
is the approval authority for entry grade credit. 

c. 

In  correspondence attached as enclosure (3), the BUMED office with cognizance 

over the subject matter of this case concluded that Petitioner was properly commissioned as a 
lieutenant, but  should have been assigned a date of rank of  3 March  1993. 

d.  In  the memorandum for the record at enclosure (4),  BUMED advised that PERS-80 
agrees with  the BUMED advisory opinion, and that the PERS-80 advisory opinion overstated 
Petitioner's prior inactive service. 

CONCLUSION: 

Upon  review and  consideration of  all the evidence of  record, and especially in light of 
enclosures (3) and  (4), the Board  finds an error warranting the following corrective action. 

RECOMMENDATION: 

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

rank on  his commission as a lieutenant, Dental Corps, U.  S. Naval  Reserve as 3 March  1993, 
vice 9 May  1998; 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'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 
Recorder 

JONATHAN S. RUSKIN 
Acting Recorder 

d. 4Gdu-V 

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. 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

5420 
PERS-80 
4 April 2003 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  Assistant for BCNR Matters  (PERS-OOZCB) 

Subj :  RE 
LT 

RECOMMENDATION IN CASE OF 

Ref: 

(a) SECNAVINST 1120.13A 

Encl : 

(1) BCNR File 00294-03 

1.  Forwarded recommending approval. 
to have his date of rank adjusted to reflect his prior service 
commission time with the Army. 

is requesting 

2.  Reference (a) states that credit for prior commissioned time 
(active and /or active status reservist) is 35  year for each 
year. 

3.  LT Hernandez has a total of 12 years, 02 months and 28 days 
as of 96 Aug 08. (6 years, 02 months and 23 days active duty 
service and 06 years, 05 days inactive duty service).  Half of 
that equals 06 years, 01 month and 14 days entry grade credit. 
Add his 4 years for dental school and the total entry grade 
credit is 10 years, 01 month and 14 days.  According to 
reference (a), he should have been commissioned as a LCDR with a 
date of rank of 15 Apr 98. 

4.  Recommend this request be sent to BUMED for their comments 
and recommendations.  BUMED is the approval authority for entry 
grade credits. 

~iyector, Active and Reserve 
Officer Career Progression 
Division 

DEPARTMENT OF THE NAVY 
BUREAU OF MEDICINE AND SURGERY 

2300 E STREET NW 

WASHINGTON DC 20372-5300 

IN REPLY REFER TO 

1120 
Ser 131/03-7929 
3 Sep 03 

From:  Chief, Bureau of Medicine and Surgery 
To : 
Board for Correction of Naval Records 

Subj:  ADVISORY OPINION ICO 

DC, USNR, 

Ref:  (a) SECNAVINST 1120.13A 

(b) C O W  NAVPERSCOM  (PERS- 8OlF) LT Cole/BUMED 

(MI311 LCDR McDonald of 20 Aug 03 

Encl:  (1) BCNR Application ICO LT--'B, 

1.  Enclosure  (1) is forwarded recommending changing Lieutenant 

entry grade credit from four  (4) years to nine 

7 

9) years, two  (2) months, and six (6) days for an entry grade of 
Lieutenant and a lieutenant date of rank  (DOR) of 3 March 1993. 

2.  Enclosure  (1) included a Statement of Service consisting of 
prior service as an officer.  Per reference (b), the calculation 
of the constructive credit was reviewed.  Constructive Credit is 
as follows: 

a.  Prior Active Duty Service is six (6) years, two  (2) 

months, and twenty-three (23) days. 

b.  Prior Inactive Service is four  (4) years, one  (1) 

month, and twenty  (20) days. 

c.  Total Commissioned Service other than Dental Corps 

Officer is ten  (10) years, three  (3) months, and forty-three (43) 
days.  Per reference  (a), one half-year credit is granted for 
each year.  Total time calculated for prior service credit is 
five  (5) years,  two  (2) months, and six  (6) days. 

d. Received four (4) years credit for Dental doctorate 

degree. 

e. Total entry grade credit is nine  (9) years, two  (2) 

months, and six (6) days. 

f. The correct lieutenant DOR based on the recalculated 

entry grade credit is 3 March 1993. 

Subj :  ADVISORY OPINION ICO OZ. 

DC. USNR. 

3.  The recalculated lieutenant  DOR of  3 March  1993 renders 
Lieutenant-igible 
Promotion Board. 

for a previous Lieutenant  Commander 

- 

4 

Your point  of contact  is Lieutenant  Comman 

NC.  USNR.  who may be  r 

f 

2 0 2 -  

MEMORANDUM FOR RECORD 

Re:  Case of-, 

D c ,  US- 

8 October 2003 

Today BUMED 
PERS-80,  and 
opinion of 3 Sep 03.  She said the PERS-80 advisory opinion of 4 Apr 03 overstated LT 
o

vised that she had discus 
conclusions reflected 

with 

r

inactive service. 
 

JONATHAN S. RUSKIN 
Head, Performance Section