D E P A R T M E N T OF T H E NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L 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 2 0 3 7 0 - 5 1 0 P~RG
Docket No: 6868-00
7 March 2001
Dear
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 27 February 2001. 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.
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.
The Board found that you enlisted in the Naval Reserve on 30 May
1996. Subsequently, you completed a two week indoctrination
course. You claim in your application that you injured your back
while performing another two week period of active duty training
(ADT). However, you were apparently released from active duty at
the end of that second two week period. On 13 September 1999, a
physical evaluation board (PEB) found that you were unfit for
service with a diagnosis of "Lumbar Syndrome Questionable'
Herniated Discw. The PEB found that the disability was incurred
while you were entitled to basic pay and the disability was a
proximate result of performing military duty. Based on the PEB
finding you were honorably discharged on 14 October 1999.
Subsequently, you were granted a disability rating by the
Department of Veterans Affairs (DVA) and attempted to obtain a
10-point veterans preference. You have submitted the 13 April
2000 letter from the Navy's Human Resource Office denying your
request for a preference. The letter states, in part, as
follows :
... DVA has confirmed your status as a disabled
veteran, but you have not provided any documents such
as a DD-214 which verify active duty in the military
services. I understand .... that your active service
consisted of active duty for training (normally two-
week tours) and inactive duty (weekend drills) in the
Naval Reserve. .... 5CE'R (Code of Federal Regulations)
211.102(b) defines a disabled veteran as a person
separated from "active duty in the armed forcesv1 who
has a service connected disability. 5CE'R 211.102(f)
defines active duty as "full-time duty with military
pay and allowances in the armed forces ... except for
service in the Reserve or National Guard." With what
you have provided to this point, none of your active
service in the Naval Reserve meets the "active dutyw
requirement of Section 211.102 (a) or (b) . Reservist or
National Guard members normally do not meet this
requirement unless they or their unit is called to
active duty in war time or national emergency.
Based on these definitions, we cannot assign
veterans preference to you for any purpose, as you have
not provided any evidence that you served on active
duty in the armed forces as required by 5CFR 211.102.
The pertinent portion of the regulation concerning the issuance
of a DD Form 214 is enclosed. Paragraph l.a(2) applies to
reservists and requires the issuance of a DD Form 214 to a
reservist only when the period of active service was 90 days or
more. However, it also states as follows:
The form also will be prepared for personnel being
separated for cause or for physical disability,
regardless of length of time served on active duty. In
the case of disability, the DD 214 will show active
duty for only the period for which the member was
ordered to active duty for training. The period of
hospitalization subsequent to that period may be shown
in the "Remarksw block.
There is no evidence in the record, and you have submitted none,
showing that your condition on release from active duty for
training amounted to a physical disability which would warrant
the issuance of a DD Form 214 at that time. Further, you were
not found unfit by the PEB until several years after the period
of training duty. It appears, that a DD Form 214 is issued to
facilitate the receipt of disability benefits from the DVA.
However, as indicated you are in receipt of such benefits.
After review of the 13 April 2000 letter, the Board does not
believe that you would be eligible for veterans preference even
if a DD Form 214 was issued to you since your service does not
meet the active duty requirement of 5 CFR 211.102. Given the
circumstances, the Board concluded that the issuance of a DD 214
is not warranted in your case.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board noted that you may be able to adjust your service
computation date by presenting copies of your orders which show
your periods of annual training.
--
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
BUPERSINST 1900.8
28 JUN 1993
INSTRUCTIONS FOR ISSUANCE OF DD 234, ,
CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY
AND RELATED DOCUMENTS
1. Criteria.for Issuance of DD 214. The DD 214 is prepared to cover
periods of service on active duty, active duty for training, full-time
tra'ining duty, active duty for special work, certain periods
terminate$+by a change of status not concurrent with separatiodrom
active service, and release from a status that is legally determined
to be void.
--
a. Eligible Personnel. The DD 214 will be issued to:
(1) Personnel Released from Active Duty. The form will be
prepared for each member at the time of separation from a period of
active naval service as specified below, or a period of service
determined to be void. The DD 214 will be provided to officers
dismissed under the sentence of a general court martial or dropped
from the rolls. (NOTE: Members who are placed on appellate leave are
NOT released from active duty. Appellate leave is a statutorily
authorized non-pay leave status. Do not, in such cases, issue a
completed DD 214. Preliminary preparation of a DD 214 for members
placed on appellate leave will be as provided in NAVMILPERSCOMINST
lgOO.2A. )
(2) Personnel Released from Active Duty for Traininq,
Full-Time Traininq Duty, or Active Duty for Special Work. The form
will be prepared for personnel being separated from a period of active
du* for training, full-time training duty, or active duty for special
wo&k when the period of service was 90 days or more. The form also
will be prepared for personnel being separated for cause or for
.physical disability, regardless of length of time served on active
duty. In the case of disability, the DD 214 will s h o w active dury for
~ n l y ~ t h e ~ e r i o d
training. The period of hospitalization subsequent to that period may
be shown in the wRemarksw block.
for which the member was ordered to activeduty for
3
Release from Active Duty Followinq Callup,. Partial
Mobilization or Full Mobilizakion. Personnel ordered to active duty
in ttpe df National Emergency declared by either the President or
Congress, or war declared by Congress will be provided a,DD 214 upon
release from active duty. The DD 214 will be issued regardless of the
lengkh of time served on active duty.
Enclosure ( 1 )
BUPERSINST 1900.8
28 JUN 1993
(4) Personnel Continuinq on Active Duty. The DD 214 will
be prepared and furnished to members while serving on active duty when
they have a change of status or component as follows:
permanent appointment to either warrant or commissioned status for
continued active duty.
(a) Enlisted Personnel. Discharged to accept
--
(b) Officers
appointment in the ~ e G l a r Navy.
1. Reserve appointment terminated to accept
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