DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD:hd
Docket No: 00451-01
17 August 2001
Dear
Lieuten
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 lieutenant date of rank be changed from 1 September 1990 to
1 February 1998, and you impliedly requested removing your failures of selection by the
Fiscal Year 01 and 02 Naval Reserve Line Lieutenant Commander Selection Boards.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 August 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. In addition, the Board
considered the advisory opinion furnished by the Navy Personnel Command dated
19 March 2001, a copy of which is attached. The Board also considered your letter dated
11 June 2001 with enclosures.
After careful and conscientious consideration of the entire record, the Hoard 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 comments contained
in the advisory opinion. They did note that the section of law cited in this opinion also
provides for date of rank adjustment of officers who are transferred from an inactive status to
an active status and placed on the reserve active-status list. However, officers in the
Individual Ready Reserve (IRR) are not in an “inactive status” for purposes of the law.
Finally, the Board was unable to find you could not compete fairly for promotion because of
your time in the IRR.
and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The names
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 PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-86
19 MAR 2001
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE
OF
Encl:
( 1 ) BCNR File 000451-01 w/Service Record
We are returning enclosure (1) with the following
1.
observations and the recommendation that Lieutenan
request for an adjustment of date of rank to 01 Fe
denied.
Date of rank adjustment to enhance an officer's
2.
competitiveness is permitted by 10 U.S.C.
when an officer is tr n i ioning from the Reserve Active Status
List to the Active
the opportunity to earn competitive fitness reports in active
duty assignments prior to being considered by an active duty
promotion board.
returning to the Selected Reserve from the Individual Ready
Reserve (IRR).
There is no similar provision for members
&s%ist. This provision allows a member
section 741(d) (3) only
We recommend Lieutena
3.
transferring to the IRR i
FY-02 Naval Reserve Lieutenant Commander Line Board for
consideration by the board's member
etail his reasons for
o the President of the
\
Reserve Officer
Director,
Promotions,
Appointments, and
Enlisted Advancement Division
NAVY | BCNR | CY2001 | 02507-01
You requested, in effect, removal of your failures of selection by the Fiscal Year (FY) 99 and 00 Naval Reserve Line Lieutenant Commander Selection Boards; that you be granted a special selection board for FY 99; that your discharge of 31 March 2000 from the Naval Reserve be set aside; that you be reinstated to the Inactive Status List lieutenant, with a date of rank adjustment to reflect seniority as if you had been placed on the ISL on 1 June 1998; and that your 16 June 1995 completion of...
NAVY | BCNR | CY2001 | 02243-01
~ l l members of the Ready Reserve (including the Individual Ready Reserve) are required by law to be considered by promotion boards, whether or not they are actively participating. Per Title 10, U.S. Code, Chapter 1407, a lieutenant commander who has at least twice failed of selection and has completed 20 years of commissioned service must transfer to the Retired Reserve, if eligible, or be discharged. 0 was notified, per reference (c) , that he had become subject to the attrition...
NAVY | BCNR | CY2002 | 01151-00
In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 2 and 10 May 2000, copies of which are attached. (1) with the following equests removal of two failures of select on the 2. basis that he was not aware that he would be eligible for consideration for promotion while in the Individual Ready Reserve (IRR) . We recommend that this case be forwarded to PERS-9 for an advisory opinion regarding the petitioner's status, in the event he requests...
NAVY | BCNR | CY2001 | 07431-00
In addition, the Board considered the Navy Personnel Command the memorandum for the record dated 5 March 2001, and the NPC opinion dated 6 March 2001 with enclosure, copies of which are attached. In this connection, the Board substantially concurred with the PERS-85 advisory opinion dated 6 March 2001 in finding that your date of rank should not be adjusted because you would not have rated an adjustment when you came on active duty, had you requested one. r October 1996 of rank adjustment...
NAVY | BCNR | CY2002 | 07117-00
Your allegations of error and Documentary material considered by 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. as a Selected Reserve of the Ready Reserve since the date of his commission and therefore was never eligible for a date of rank adjustment. e Active Status List erved continuously activ Reserve...
NAVY | BCNR | CY2001 | 08156-00
sine Chapter 15 contains the responsibilities “Each officer is responsible for ensuring Paragraph 15-5 states; “A ll officers should periodically review their official If eligible for consideration by a selection board, this review should be co months prior to the convening date to allow time for correction of discrepancies. Per reference (a), enclosure at former s requesting to have his honorable discharge (1) is returned with the petition be denied. time of his honorable discharge A...
NAVY | BCNR | CY2001 | 05662-00
The Board found that even if you had been considered by the Mobilization Disposition Board, and you had been - Inactive status as a result of approval of a board occurred until after the Fiscal Year (FY) 00 Naval Reserve Line Lieutenant Commander Selection Board had adjourned. recommendation again th is requesting removal 0 promotion to lieutenant original opinion stating that he transferred to Standby 19 May 1999 Naval Reserve Officer Mobilization Disposition Board. tha would have been a...
NAVY | BCNR | CY2001 | 08299-00
You requested correction of your record to show your voluntary resignation from the Naval Reserve on 30 June 1991, rather than involuntary discharge on 31 December 1994 by reason of two failures of selection to lieutenant commander. his in All members of the Ready Reserve, including IRR members, are 4. required by law to be considered by promotion selection boards, whether or not they are actively participating. It was during this time that he stopped active participation with his unit,...
NAVY | BCNR | CY2001 | 06470-00
Your request for a special selection board was not considered, as you were selected by the FY 02 promotion 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. They noted that according to paragraph 3 of this opinion, your fitness report for 1 October 1998 to 31 October 1999 was missing from your record when you were considered by the...
ARMY | BCMR | CY2009 | 20090016280
The applicant requests correction of his records to show his date of rank (DOR) to captain as 1 October 1997. This regulation specifies that an officer serving in the grade of first lieutenant on the ADL who has been selected for promotion to captain but who has not been promoted by the time the officer transfers to the reserve active status list (RASL) in the same competitive category, will be placed on an appropriate Reserve of the Army promotion list. Based on his DOR to captain his PED...