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
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