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B-198821 1 (1980-09-18)

handle is hein.gao/gaobabjwb0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES Z WASHINGTON D C. 20548 B-198821 September 18, 1980 /~~~o~~~no~4 otj ~/rs~/P r ~ ~ / The Honorable William L. Dickinson House of Representatives Dear Mr. Dickinson: Further reference is made to your letter dated May 5, 1980, with enclosures, requesting our independent opinion concerning the following issue: Whether it is legally feasible for the Depart- ment of the Navy to institute procedures simi- lar to those of the Departments of the Army and Air Force whereby officers may be promoted through action of the Board for Correction of Naval Records on recommendations of a non- statutory Standby Advisory Board where material error was present in the records of such offi- cers when considered by an earlier statutory Selection Board. Enclosed with your letter is correspondence from the Assistant Secretary of the Navy (Manpower, Reserve Affairs and Logistics) dated April 21, 1980, relating to this issue. The Assistant Secretary notes that the laws governing the system of promoting Navy and Marine Corps officers are in certain respects significantly different from those governing Army and Air Force officer promotions, and he says that in view of the comprehensive statutory system that has been established for the promotion of naval officers it has been the practice of the Department of the Navy to conduct its officer promotion activities strictly in accordance with that system. He recognizes, nevertheless, that on occasion and for various reasons, some officers are not accorded fair con- sideration for selection for promotion. In such cases it has been, and continues to be, the practice of the Department of the Navy to recommend to an officer who feels that an error or injustice has occurred in his promotion that he apply for relief to the Board for Correction of Naval Records, a body established by law in 10 U.S.C. 1552 (1976). The Assistant Secretary states the opinion that the Board for Correction of Naval Records does not have authority to promote an officer; however, it can initiate factual cor- rection in an officer's record to remove or correct errors

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