D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON DC  20370-5100 

HD:hd 
Docket No:  00359-99 
30 August  1999 

This is in  reference to your application for correction of  your  naval  record  pursuant to  the 
provisions of  title 10 of  the United  States Code, section  1552. 

A three-member panel  of  the Board for Correction of  Naval  Records, sitting in  executive 
session, considered your application on  19 August  1999.  Your  allegations of  error and 
injustice were reviewed in  accordance with  administrative regulations and  procedures 
applicable to the proceedings of  this Board.  Documentary material considered by  the Board 
consisted of  your application, together with  all material  submitted in  support thereof,  your 
naval  record and  applicable statutes, regulations and  policies.  In  addition, the Board 
considered the advisory opinion furnished by  the Navy  Personnel Command  dated 
4 May  1999 with  enclosure, a copy of which  is attached.  The Board  also considered your 
letter dated 20 June  1999 with  enclosures. 

After  careful and conscientious consideration of  the entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of  probable material error or 
injustice.  In  this connection, the Board  substantially concurred with  the advisory opinion, 
although they  disapproved of  its tone.  The Board  was  unable to  find  the rescheduling of the 
FYOO  Line Rear Admiral (Lower Half) Selection Board  was  unwarranted.  They did not  find 
it objectionable that you  were not  considered  for continuation, since you  were not eligible. 
They found ALNAV  095198 did  not  retroactively continue you;  it merely established you 
would  have been  in  the promotion zone for  the FYOO  Naval Reserve Line Rear Admiral 
(Lower Half) Selection Board, had  you  not been  retired before that board  convened.  In  view 
of  the above, your application has been  denied.  The names and  votes of  the members of  the 
panel will  be furnished  upon  request. 

It  is regretted that  the circumstances of your case are such  that  favorable action cannot be 
taken.  You  are entitled to  have the Board  reconsider its decision upon  submission of  new  and 
material evidence or other  matter not  previously considered by  the Board.  In  this regard, it is 
important to keep in  mind  that a presumption of  regularity attaches to all official records. 

Consequently, when applying for a correction of  an  official naval  record, the burden  is on  the 
applicant to demonstrate the existence of  probable material error or injustice. 

Sincerely, 

W.  DEAN  PFEIFFER 
Executive Director 

Enclosure 

DEPARTMENT OF THE NAVY 

NAVY PERSOINEL COMYAYD 

5 7 2 0  INTEGRITY DRIVE 

WILLINGTON TN 3 8 0 5  5 - 0 0 0 0  

1401 
NPC 86 
4 May 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR. BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  Assistant for BCNR Matters,  (P~~s-OOZCB/NPC-OOZCB) 

Subj:  REQUEST FOR a-. COMMENTS 

2 

CAPTA- 

AND RECOMMENDATIONS IN CASE OF 

USNR, RET, 

Ref: 

(a) Your memo 5420 Pers-OOZCB/NPC-OOZCB of 30Apr99 
(b) Title 10, United States Code 

Encl : 

(1) BCNR File 00359-99 w/~icrofiche Service Record 
(2) NPC-911 memo 5730 of 12Jan99 

1.  Per reference  (a) ,  we are returning enclosure  (1) with the 
following observations and recommendation that Captai- 
petition be denied. 

requested continuation in an active status in 

2.  captai- 
order to be considered by the FY-00 Naval Reserve 0-7 Line 
Promotion Board which convened on 8 February 1999.  A previous 
request by Captai-via 
The reasons for the negative response remain the same and are 
restated here in full. 

a congressional action was denied. 

3.  The FY-00 Reserve Rear Admiral Line Promotion Board was 
originally sch --  7  !'.  - (1  f m r   16 N o v e m b ~ r  1998.  Due  to f l t l ~ l ; !  
concerns, the board was rescheduled for 8 February 1999.  This 
rescheduling was in full compliance with all applicable statutes 
and directives.  The board was rescheduled to ensure the 
integrity of the selection board process was maintained and that 
each eligible officer could be fairly considered for promotion. 

!.  .:,;-?-ative 

4.  Promotion opportunity and timing are determined by the 
Secretary of the Navy and often vary based on the needs of the 
Navy.  The board was delayed in order to preserve the integrity 
of the board process.  It is regrettable that Capt 
was 
not eligible based on the rescheduling of the board, but NPC-86 
finds his arguments are without legal merit.  If the board had 
been originally scheduled for 8 February 1999, what legal 
objection would C a p t a i n m a v e  in that case? 

Subj:  REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF 

!

CAPTAI-, 

USNR, R

revious congressional, NPC-86 

5.  In response to Captai 
had recommended that his case be forwarded to NPC-911 for 
comment.  NPC-911 is responsible for Naval Reserve Continuation 
Boards.  In accordance with guidance provided by the Secretary of 
the Navy, a board, convened under Section 611 or 14101 of 
reference (b), may recommend for continuation on the Reserve 
Active Status List, commissioned officers serving in the grade of 
0-6, who possess specific skills required by the Navy in number 
not in excess of those prescribed by the Secretary of the Navy. 
Depending on the requirements of the Navy for officers with 
particular skills, the Secretary of the Navy may convene boards 
under Section 611 or 14101 of reference  (b). These boards may 
continue commissioned officers subject to removal from the 
Reserve Active Status List under section 14507 of reference  (b) 
for up to a maximum of 35 years of commissioned service, as 
prescribed in Section 14701 of reference  (b) . 

6.  NPC-911 was best suited to determine if Capta-t 
any of the criteria outlined above.  Accordingly, enclosure  (2) 
noted that Captain -was 
Consequently, capta-etirement 
effective 1 December 1998 and thus was not eiigible to be put 
before the Reserve 0-7 Line Promotion Board. 

not eligible for continuation. 

request was processed 

- 

-  - 

7.  captai-ervice 
be justifiably proud of his record and contributions; the 
negative response to his request does not detract from his 
honorable service to this nation and the United States Navy. 

to his country is laudable and he can 

~irector, Naval Reserve Officer 
Promotion, Appointments and 
Enlisted Advancements Division 

MEYT OF THE WAVY 
PERSOINEL COMMAND 

MEMORANDUM FOR THE SPECI; 
OFFICE  (P: 

CONGRESSIONAL LIAISON 

12 Jan 99 

Subj :  REQUEST FOR INFORl 

USNR (RET 

Ref: 

(a) Your NAVPERS 

Encl:  (1) Congressional 
(2 )  ACNP for Nava 

of 12 Jan 99 

1.  Per reference (a), e 
following comments conce 
requesting continuation 
considered by the FY-00 
which will convene in Fe 

2 .  CA-s 
a Ret 
transferred to the Retir 
commissioned service.  P 
captains who attain 30 y 
required to transfer to 
requested, or be honorab 
month after completing 6 
years of commissioned se 
of his required attritio 
the Retired Reserve on 1 

3.  ~he'secretary of the 
officers to meet mobiliz 
needs.  In his FY-99 Ret 
not authorize retention 
(Intelligence) .  Accordi 
continuation and his ret 
1 December 1998. 

7  0/5 of 30 Dec 98 

P 

eserve Personnel Management ltr 

' s 

:losure  (1) is returned with the 

CA 
1, an active status in order- 
i a1 Reserve 0-7 Line Promotion Board 

P- l'ng CAPT-S~. 
c 1 ary 1999. 
2 b s of commissioned service are 

i 
rbd Naval Reserve officer, having 
1 Reserve after serving 30 years of 
r Title 10, U.S. Code, Chapter 1407, 
IP Retired Reserve, if eligible and 
discharged on the .  .  first day of the 
service.   meac ached 30 
ce in November 1998 and was notified 
He requested and was transferred to 

1998. 

v y   is authorized to continue certain 

tion requirements and special skill 
tion and Continuation Plan, SECNAV did 

i 
i continuation of Special Duty Officers 

ly, -s 
ement request was processed effective 

not eligible for 

Subj:  REQUEST FOR INFORI 

USNR (RET) , 

4.  CAP 
his response, enclosure 

also 

I 

I 

CAPT 

I  is provided for . yourreview. 

..-* L  . 

Point 

Director, Naval Reserve Personnel 
Administration Division