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NAVY | BCNR | CY2003 | 05388-03
Original file (05388-03.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD  F O R   C O R R E C T I O N   OF  NAVAL  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   20370-5100 

HD: hd 
Docket No:  05388-03 
7 October 2003 

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

Secretary of  the Navy 

Subj:  C

D

REVIEW OF NAVAL RECORD 

~
USNR,- 

..  . 
,

 

Ref: 

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

Encl: 

(1)  DD Form  149 dtd  13 Jun  03 
(2)  Pers-9 1 1 memo dtd  16 Sep 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 to show she accepted her commission as a lieutenant, in  the Nurse Corps of  the 
Naval Reserve on 4 November  1989, vice 9 November  1989. 

2.  The Board,  consisting of Mses.  Gilbert and  Schnittman and Mr.  Pfeiffer, reviewed 
Petitioner's allegations of  error and injustice on  2 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), the Navy  Personnel Command 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 to show she accepted her commission as 

a lieutenant in  the Nurse Corps of  the Naval Reserve on  4 November  1989, vice 
9 November  1989; and  that her anniversary date and pay entry base date 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 

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), h p  been  approved by 
the Board  on  behalf  of  the Secretary of  the Navy. 

Executive Director 

r t K a   Y l l  

D~PARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 1NTEQRrrY DRIVE 

MILUNGTON, T'N 38-0- 

In RM(Y  RI.uI TO 

5420 
~ers-911 
16 Sep 03 

Via :  Assistant for BCNR  Matters  (Pers-OozC~) 
Subj:  REQUEST FOR COMMENTS AND  RECOMMENDATIONS K O   . 

CDR- 

USNR-R, 

Ref: 

(a) Title 10, U.S. Code, Section 14703 (b) 

E n d  :  (1) BCNR memo 5420 Pers-OOZCB of 10 Sep 03 

1) is returned with the recommendation that 
1. 
etition to adjust her date of acceptance of her 
CD 
commission from 9 November 1989 to 4 November 1989 be approved. 

gan the process to be commissioned in the 

2.  C 
Naval%!!!%?%rly 
9 November 1989, five days after her 47th birthday,  She  began 
drilling in January  1990 and has earned  qualifying years of 
service every year  since hex commissioning.  She  recently 
received an age waiver and was  retained in an active status until 
age 67 because she possesses critical skills needed by the Navy. 

1989 but was not comissioned until 

3 .   Per reference (a), a Naval Reserve officer may not be 
retained in an active status later than the Bate on which the 
officer becomes 67 years of age.  Accordingly, if 
continues to earn qualifying years of service until she reaches 
age 67, she will still fall five days short of qualifying for a 
Naval Reserve retirement. 

4 .   T h e ~ d ~ l d ,  we lee1  that the Belay in her cormnissioning  as a 
Naval Reserve officer has resulted in an injustice and her 
petition to adjust her date of acceptance of her comission to 
4 November 1989 be granted, 

-ueppLy  U L L - t l ~  L ~ L  
Personnel Administration Division 

, Naval Reserve 

TOTAL  P. 01 



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