DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAW ANNEX

WASHINGTON DC 20370-5100

~USNR

HD:hd
Docket No: 02755-99
21 September 1999

Dear Lieuten~I~

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. You requested that your
record be corrected to show you were on the Inactive Status List (ISL) from Fiscal Year (FY)
95 to 97; that your failures of selection by the FY 97 through 99 Reserve Staff Lieutenant
Commander Selection Boards be removed; and that action to effect your discharge from the
Naval Reserve on 1 October 1999 be set aside.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 10 September 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.
considered the advisory opinion furnished by the Navy Personnel Command dated
8 June 1999 with enclosures, a copy of which is attached. They also considered your letter
dated 29 July 1999 with two supporting statements, each dated 20 August 1999.

In addition, the Board

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 the advisory opinion.

In this connection, the Board substantially concurred with the comments contained

The Board found you did not fail of selection by the FY 97 Reserve Staff Lieutenant
Commander Selection Board. They found no reason you should have been on the ISL
from FY 95 through 97, noting you were removed from the ISL at your own request. You
contend you did not have time to prepare for the FY 98 Selection Board, as you did not start
drilling until September 1997, and the promotion board met that same fall. The Board found
no indication of any error or injustice in the fact you did not start drilling until September
1997, when you had been removed from the ISL by the letter dated 1 October 1996. They

2 755~9~

found nothing to support your assertion that this removal was not effected until August 1997.
Since they found insufficient basis to remove your failures of selection to lieutenant
commander, they had no grounds to set aside action to effect your discharge from the Naval
Reserve on 1 October 1999.

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~4heBoard.
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

•c~
O

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

27f~ ‘/7

5420
PERS 86
08 JUN 99

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

REQUEST FOR COMME TS~AND RE~~COMMENDATI
LIEUTENANT

USNR,

N CASE OF

Ref:

(a) BCNR memo 5420 PERS-OOZCB of 19 May 99
(b) United States Code, Title 10

End:

(1) BCNR File 02755-99
(2) PERS-9 Documents ICO Lieutenan~’

Per reference (a) we are returning enclosure (1) with

1.
enclosure (2) and the following observations and recommendation
that ~

petition be denied.

Lieutenan

5; however, Lieutenan

had

year for

ailed of selection before

Lieutenant

~r~laims

he was improperly considered and

A review

our records (enclosure 2)

as placed on the Inactive Status List

2.
failed of selection before the FY-97 Lieutenant Commander Staff
Corps selection board.
reveals that in fact Lieutenan
the FY-98 and FY—99 Lieutenant Commander Staff Corps selection
boards
(ISL/S-2) on 24 October 1
completed correspondence courses and had earned a goo
the period of 20 September 1994 through 19 September 1995.
Pursuant to Lieutenan~~
participation in the Naval Reserve, PERS-911 canceled his status
in the ISL/S-2 on 1 October 1996 in order that Lieutenan~~~
might receive one good year of drilling.
elected to remove him from an ISL/S-2 status, Lieutenan~~t
would have lost an entire year of drilling and good
participation.
Lieutenant ~‘
the FY-98 and FY-99 Lieutenant Commander Staff Corps selection
boards and failed of selection in both instances.
review of Lieutenant~
administrative or material errors that would warrant a removal of
either failure of selection per reference (b)

ISL/S-2 status, he was properly considered by

In view of the fact that PERS-9l1 canceled

s request and in view of his active

record reveals that there were no

A complete

If PERS-91l had not

Lieutenant~JiI~Jj~canbe justifiably proud of his record and

3.
contributions; the negative response to his petition does not
detract from his honorable service to this nation and the United
States Navy.

D I. recto L.
Appointments, and Enlisted
Advancement Division

~ .~-£. ~I- ¼ L

.L V

£ .J-

otions,

~EPARTMENT
BUREAU OF NAVAL PERSONNEL
WASHINGTON. D.C. 20370-5000

OF THE NAVY

IN REPLY REFER TO

1333
Pers—9 11
481—82—4440/5105
1 Oct 96

From:

Chief of Naval Personnel

0~

Subj:

CANCELLATION OF TRANSFER TO STANDBY RESERVE-INACTIVE
(USNR-S2) STATUS

Ref

(a) BUPERS ltr 1333/S2

25Oct95

Reference (a), which transferred you to Standby Reserve—

1.
Inactive (USNR—S2) status effective 24 October 1995, is hereby
canceled.
office concerning your recent participation in the Naval Reserve.

This action is due to information provided to this

If you have que.stions conce:

2.
this office, ~

___________

act

___

By direction

r

Copy to:.
BUPERS (Pers 313C, 93)
NAVRESPERSCEN (Code 21, 40)

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P.01

NAVAL RESERVE OFFICER RECRUITING

~ORANDUM

I,—

Subj: ADMINISTPATWE ERROR ICO LT~

lincI

(1) Naval Rcs~veAnmial Rctir~neatPoint Rccord

C

~aplaocd in the standbyreserve for lackofactivity from the years 92-95. LT
- —. be had received a letter stating that ifhe did not maintiln a good year be would
bcplacedinthcstany(s-1)reserve. H,,aidthsthedidcont&~tPERS911to1etthemknow
that ho would be psifonning correspondetice courses to meet his obligation. As evidenced by
enclo~n-eon,, hi did perfbrm 35 points worth ofcorrespondence courses In 94/95.1 believe that
the pointi wore neva given to PER.S 911, this he was placed Inthe stand by reserve,

_____

requested that he be removed froni the stand by reserve and placed In theIRR.

He Ii attempting to affiliate with the conatniction battalion in a paid billet for next fiscal year.

3. PoInt

09-20—1996 14:17

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DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
WASHINGTON. D.C. 20370-5000

From:

Chief of Naval Personnel

I

£P V REFER TO

1333 72~/S~
Pers—9 1.
48 1—8 2—4 44 0/5 105
25 Oct 95

Subj:

CHANGE IN YOUR STATUS IN THE NAVAL RESERVE

Ref:

(a) SECNAVINST 1920.6A
(b) BUPERS ltr 1333 Pers

of 12 May 95

Per references (a) and (b), a Naval Reserve Officer

1.
Mobilization Disposition Board approved your transfer to Standby
Reserve—Inactive (USNR-S2) status effective 24 October 1995.

As a member of the Standby Reserve—Inactive, you are liable

2.
for mobilization recall in time of war or national emergency
declared by Congress or when otherwise authorized by law.
are not, however, eligible to drill, to earn retirement points or
to be considered for promotion while in this status.

You

3.
If you want to return to the Ready Reserve in the future, and
you otherwise remain qualified, we can reinstate you provided you
have completed a physical examination within the previous twelve
months and you submit a Ready Reserve Agreement to us.
Once you
are reinstated to the Ready Reserve, you again become eligible to
actively participate in the Naval Reserve program.

If you were separated from active duty underthe Voluntary

4.
Separation Incentive (VSI) program, this transfer will not affect
your VSI payments.

5.
p ~

If you have ~

~

~.~

~

— —. i

DSN

Copy to:

21, 40)

By direction

o

703 614 9857.~2/ 2

.,~

1920
PERS-911
~7 JUN )999

SENT BY : IJSAED-CELMS-ED

7- 7-93 ;10:45AM

COftS OF ENGINEERS—

DEPARTMENT OF TH1 NAVY

NAVY PISIONNIL COMMAND

17*0 ENTIOIITY DRIVI

MILUNCTON TN 31055-0000

Comrnanc

Personnel C

From:
To:
Via:

Subj:

YOUR STATUS IN THE NAVAL RESERVE

Ref:

(a) SECNAVINST 1920.6A
(b) COMNAVRESFORINST 1740.1

Per reference (a), an officer in the permanent grade of

1.
lieutenant who has twice failed of selection for promotion to
the next higher grade and has completed eight years of military
service shall be honorably discharged from the Naval Reserve.
review of your
that you have failed of selection
for promotion at least twice and have completed eight years of
military service, and therefore, you have become subject to the
provisions of reference (a) .
Accordingly, we must process your
honorable discharge from the Naval Reserve with an effective
date of 1 October 1999.

record reveals

A

2.
For
Training
effect or pending not later than 30 September 1999.

the via addressee:
orders or Active Duty Training orders that are in

terminate

any Inactive Duty

please

If th±s action results in your removal from the Selected

you may be eligible

3.
Reserve,
Transition ~enefit
c’ntact your Na~l Reserve Activity
if any.
eligibility

for benefits,

(RTB) Program, per reference (b) .

Please

for benefits

under

the Reserve

t~ determine your

4. We sincerely
Reserve and your country.
contact

this office,

appreciate

PERS-911, at

your dedicated
If you have any quest~~eaSe,,

to the Naval

service

Copy to:
COMNAVPE

1,)I2~)ci~

Date

~ss:

To:

Chief of Naval Personnel

Subj:

RESOLUTION OF NAVAL RESERVE STATUS

Ref:

(a) CHNAVPERS ltr

1920 Pers—911

1.

In response

to reference

(a):

_____

_____

A. I am or plan to become an im~d~ateactive participant

in the Naval Reserve program and do not desire transfer
to Standby Reserve-Inactive

(USNR—S2) status.

B. I am not an active participant

and desire transfer

to

Standby Reserve-Inactive

(USNR—S2) status.

C. I am rot an active participant and have no further

interest in the Naval Reserve program.
to resign my commission.
receive and honorable discharge from the Naval Reserve
if my resignation is accepted.

t understand that I will

I hereby request

D. I am not an active participant but have completed. 8 or
more years of service, am 37 years of age or older and
desire to transfer to the Retired Reserve.
transferred to that status, I acknowledge that I am fl~
entitled to reserve pay and benefits at age 60. However,
as an honorary retiree, I will maintain my status as a
commissioned officer.

If

____

E. Other (please explain):

C) ~

LUll I £ ~r&~r~

~-—-

6i1 -~-

Very Respectfully,

UREAU
NASHINGTON.

-.

~

..,

flEPARTMENT OF THE NAVY

OF NAVAL PERSONNEL

DC. 203705000

/

IN REPLY REFER TO

1333/A
Pers—911
481—82—4440/5105
IT O~ ~S94

From:

Chief of Naval Personnel

Subj:

YOUR STATUS IN THE NAVAL RESERVE

Ref:~-- (a) BUPERS ltr 1920 Pers—911 of 10 Jun 94

-

(b) SECNAVINST 1920.6A

-

In response to reference (a), you indicated you were actively

1.
participating or were going to become an active participant in
the Naval Reserve in the near future.
Reserve Officer Mobilization Disposition Board approved your
request to remain in an active status.

Per reference (b), a Naval

You will earn 15 gratuitous points per anniversary year as a

2.
member of the Naval Reserve in an active status.
remain in an active status, you are required to earn an
additional 12 points each anniversary years for a total of 27
points.
In order to obtain a qualifying years for retirement
purposes, you must earn a total of 50 points in an anniversary
year.

In order to

You may earn points either by completing correspondence

3.
courses or by drilling with a reserve unit.
in pay, as a member of the Selected Reserve (SELRES), if pay
billets are available, or in non—pay as a member of the
Individual Ready Reserve (IRR) in a Voluntary Training Unit
(VTTJ).

You may drill either

Contact your nearest reserve center or reserve officer

4.
recruiter to determine the availability of billets or to order
correspondence

courses.

j~.