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NAVY | BCNR | CY2003 | 04088-03
Original file (04088-03.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION O F  NAVAL  RECORDS 

2  N A V Y A N N E X  

WASHINGTON  DC  2 0 3 7 0 - 5 1 0 0  

HD: hd 
Docket No:  04088-03 
29 July 2003 

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

Secretary of the Navy 

Subj:  LCD-, 

REMEW OF NAVAL RECORD 

USNR, 

Ref: 

(a)  TitlelOU.S.C.1552 

Encl: 

(1)  DD Form  149 dtd  1 Feb 03 wlattachments 
(2)  PERS-911 memo dtd  12 Jun  03 
(3)  PERS-80 memo dtd  27 Jun  03 
(4)  Subject's naval record 

1.  Pursuant to reference (a),  Subject, hereinafter referred to as Petitioner, filed enclosure 
(1) with this Board requesting, in effect, that his naval record be corrected to show he 
accepted his commission as a lieutenant commander, Dental Corps (DC), U.  S. Naval 
Reserve on  1 September 2002, rather than 28 October 2002; that his name be added to the list 
of eligibles for the Fiscal Year  (FY) 04 Naval Reserve DC Commander Selection Board; and 
that he be promoted to commander accordingly.  The Board did not consider Petitioner's 
request for promotion  to commander, as he has not been  selected to that grade by a duly 
constituted officer promotion selection board. 

2.  The Board, consisting of Messrs.  Pauling, Pfeiffer and  Zsalman, reviewed Petitioner's 
allegations of error and  injustice on 24 July 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 at enclosure (2),  the Navy Personnel Command (NPC)  office with 

cognizance over Naval Reserve personnel administration has commented to the effect that 
Petitioner's request to change the acceptance date of his commission has merit and warrants 
approval.  They state that if this request is approved, they will afford Petitioner consideration 
by  a special selection board for the FY  04 Naval  Reserve DC Commander Selection Board. 

c. 

In  correspondence attached as enclosure (3), the NPC office with-cognizance over 
active and reserve officer career progression has commented to the effect that they concur 
with  enclosure (2). 

CONCLUSION: 

Upon review and consideration of  all the evidence of record, and especially in light of  the 
contents of  enclosures (2) and  (3), 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 he accepted 

his commission as a lieutenant commander, Dental Corps, U.  S.  Naval Reserve on 
1 September 2002, rather than 28 October 2002; and  that his pay entry base date and 
anniversary date be adjusted accordingly. 

b.  That any material or entries inconsistent with  the Board's recommendationbe 

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 

4- &L+-- 

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 innounced 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 

MILLINGTO N TN 38055-0000 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via : 

Assistant for BCNR Matters  (Pers-OOZCB) 

Encl:  (1) BCNR memo 5420 Pers-OOZCB of 09 June 03 

1.  Enclosure (1) is forwar 
recommendations concerning 
of acceptance of his Oath o 

following comments and 

request to adjust the date 

etition, we agree 
2 .   Based  on the information in 
the processing of 
t h a t   there was an administrative-n 
his Oath of Office.  L( 
letter, dated 23 August 2002, 
specifically states that his desire to receive a Naval Reserve 
commission. 

- 7-. 

h

3 .   Accordingly, we recommend that the date of acceptance on LCDR 
of Office be changed from 28 October 2002 to 1 
w
September 2002. If approved, this will allow his record be 
considered by a special FY-04 Reserve 0-5 Staff Corps Promotion 
Board. Records show he was deferred from the FY 04 Board because 
of  the recorded break in service. 

 

+ 

Per  nnel Administration Division 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

ANDUM  FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

. NAVAL RECORDS 

Via : 

Assistant  for BCNR Matters  (PERS-OOZCB) 

Sub j : 

LCD 

IN CASE OF 

-. mh 

Encl : 

(1) BCNR File 004088-03 

1.  Forwarded, recommending approval. 

2.  Concur with the recommendations of PERS-911. 

%eputy  ~ i r e c t o r ,  Active and 
Reserve Officer Career 
Progression Division 



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