DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 113-17 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO , 


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

Encl: (1) DD Fonn 149 w/attachments 
(2) NPC Jetter 12 10 BUPERS-OOJ/161 of2 Nov 16 
(3) Subject's naval record 

l. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requdsting, in effect, that the applicable naval record be correbted 
to request pay in arrears, allowances, and applicable interest. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 22 May 2017 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. Petitioner was appointed to Lieutenant Commander with a date ofrank/effective date of 1 
February 2006. 

c. In correspondence attached as enclosure (2), the Navy Personnel Command having 
cognizance over the subject matter addressed the following; According to Navy records an 
obvious administrative error was committed. After the Petitioner's selection for Lieutenant 
Commander by the FY-05 Active-Duty Navy Lieutenant Commander Line (unrestricted line) 
Promotion Selection Board, his name was removed from the promotion list without statutory 
authority and his appointment to the grade was not delivered. Furthermore, he should have been 
promoted to Lieutenant Commander prior to his re-designation to the Judge Advocate General's 
Corps (designator 2500). Although Petitioner was subsequently promoted to Lieutenant 
Commander, his date of rank was later adjusted to reflect 1 December 2004. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, and especially in light of the 
contents of enclosure (2), the Board finds the existence of an injustice warranting the following 
partial corrective action. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

The Petitioner was advanced to the rank ofLieutenant Commander by the FY-05 Active Duty 
Navy Lieutenant Commander Line (unrestricted line) Promotion Selection Board effective 1 
December 2004. 

Defense Finance & Accounting Service (DFAS) will complete an audit ofPetitioner's records to 
determine if Petitioner is due any back pay and allowances. 

In so far as Petitioner's request for corrective action that exceeds the foregoing, the Board did not 
agree with the Petitioner in that applicable interest is warranted. The board could not find 
extraordinary justification, such as a punitive or malicious intent by the government. The Navy 
identified the administrative error and corrected it to the fullest oftheir legal abilities. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record of the Board above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures ofthe 
Board for Correction ofNaval 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. 

Executive Director