DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370 5100
HD: hd
Docket No: 01683-01
15 June 2001
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
active duty service obligation be reduced from eight to seven years.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 June 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.
opinions furnished by the Chief of Naval Operations dated 25 April 2001 with enclosures and
the Bureau of Naval Personnel dated 30 April 2001, copies of which are attached. The
Board also considered your letter dated 30 May 2001 with enclosures.
In addition, the Board considered the advisory
enlire record, the Board found that the
After careful and conscientious consideration of the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. The Board found your eight-year obligation was established by statute and not
subject to change by contractual agreement. Further, they particularly noted you did not
object to your orders, which correctly reflected the eight-year obligation. They felt you
would not be entitled to relief, even if you were correct in asserting that two other named
tine above, your application has been
lieutenants had their obligations reduced.
denied. The names and votes of the members of the panel will be furnished upon request.
In view of
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
j.ts decision upon submission of new
and material evidence or other matter not previously considered by the Board.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
Enclosures
DEPARTMENT
OFFICE OF THE CHIEF
WASHINGTON.
)
&.q-y~ .
P/
OF THE NAVY
OF
DC
NAV4L OPERATION
203!iO-2000
S
IN REPLY REFER TO
1301
SER
N13/OlK094
25 April 2001
Head, Officer Personnel Plans and Policy Branch (N131)
Board for Correction of Naval Records Coordinator
(PERS-OOZCB)
(1) Title 10, U. S. Code,
Sectilln 653
- Minimum service
requirement for certain flight crew positions.
(2) CNO Policy Decision
#15-130-90: Active Duty Service
Obligations
(3) BUPERS ORDER
HA
USNR
From:
To:
Subj:
Ref:
Encl:
This administrative opinion provided at the request of
Per reference .(a),
DD Form 149 blocks 8 and
requests that his Aviation Active Duty Service
1.
BCNR Coordinator.
9,
Obligation be reviewed.
-
form indicates that
Enclosed in reference (a) is a copy of NAVCRUIT form
2 .
1110/106A
Agreement si
of this
active duty for a period of
Naval Aviator.
in November 1995,
active duty servi
10 U.S. Code (Enclosure (1)) and Navy Policy (enclosure (2)).
designation as a Naval Aviator
as assigned an eight-year
(ADSO) in accordance with Title
ed to serve on
designation as a
Following his
(l),
Per Enclosure
minimum service obligation for
3.
completion of training in fixed-wing jet aircraft is 8 years
for those who entered into an active duty agreement after
October 1,
after 30 Septembe'r, 1990.
(paragraph 3-a of enclosure
directs the immediate implementation cf the eight-year ADS0
for fixed-wing jet pilots for those entering through Aviation
Officer Candidate School (AOCS).
1990 and who began undergraduate pilot training
Navy Policy Decision Memorandum
da-ted 18 October 1990
(2)),
dates
and the
f
igned his Aviation Officer Candidate Program
on 15 July 1993,
flight
training in March 1994.
entared AOCS in November
Given these
that he received his commission through
alls well within
th'e eight-year ADS0
guidelines o
enclosures
form
1110/106A signed by
to reflect change in law an
service agreement states and is acknowledged by
"that Federal statutes and pertinent
personnel in the United States Navy may change without notice
and that such changes may affect my status as a Aviation
Officer Candidate or a commissioned officer and obligations to
serve as such."
This paragraph basically overrides the
erroneous paragraph 2 in favor of enclosures (1) and (2).
Although the NAVCRUIT
was outdated and failed
paragraph 1
regulations
2"
0
this erroneous paragraph in his service agreement,
was awarded an eight-year
.4DSO per enclosures (1)
completion of flight training and was notified of
this fact in his orders from the training command to the fleet
replacement squadron (enclosure (3)
issued in November
no objection to his eight-year
,1995 at which ti
ADSO.
were
osed
Based on the above information and pursuant to maintaining
6.
equity with other aviators completing flight training in
November 1995,
the Navy that
this office recommends in the best interest of
s ADS0 remain November 2003.
- . G e t a Document
- by Citation
- 10 USCS
# 653
Page 1 of 2
S f m lce
:
TOC:
C it a ti an
:
LEXSTAT@
United States Code Service: Code.
GENFRAL
positions
10 USC 653
SERVICF REQUIREMENTS
:
Conk Rules. C onven
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5 653. Minimum
& Pub
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T I TLE 10
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DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL. OPERATIONS
WASHINGTON. DC 20350-2000
IN REPLY REFER
T O
130 1
Ser
18 October 1990
130E2/0U576024
From:
Subj
:
Ref :
CTIVE DUTY SERVICE
Chief of Naval Operations
POLICY DECIS
OBLIGATIONS FOR AVIATION OFFICERS
(a) Public Law
(b) NAVPERS 15560A (NAVMILPERSMAN)
(c) NAVPERS 15559A (Officer Transfer Manual)
(d) Program Authorization 106 (Aviation Officer
(e) Program Authorization 108 (Naval Aviation Cadets)
101489, 29 Nov 89, Part D, Section 634
Candidates) of 19
of 19
Ott 88
Ott 88
”
(ADSOs) for aviators.
Reference (a) established minimum Active Duty Service
1.
Obligations
on the type of undergraduate flight training received.
previously been the case,
the period of obligation begins at
The Services have the authority to assign
receipt of wings.
ADSOs longer than those set forth in reference (a), but must
comply with the following minimums:
The length of ADSOs is based
As has
a.
b.
C .
Fixed wing jet pilots:
6 years
Other pilots
Naval flight officers/navigators:
(prop/helo):
8 years
6 years
2.
To conform with reference (a), OP-01 has directed
I implementation of ADSOs in accordance with the following:
8 years (statutory minimum)
Fixed wing jet pilots:
Prop/he10 pilots:
Naval flight officers:
a.
b.
c .
Effective dates of 8 year ADS0 for jet pilot training:
ADSO)
6 years (no change to current
7 years (no change to current
3.
ADSO)
.
Immediately:
For those who enter an agreement for flight
trailing through sources other than service academies and NROTC
(e.g., AOCS,
oth.er officer designators).
latei-al transfers from
b.
For those who enter flight training from
a service academy or NROTC and who graduate on or after 1 Jan 92.
1 January 1992:
.
Subj :
POLICY DECISIO
OBLIGATION FO
ACTIVE DUTY SERVICE
ERS
The ultimate pilot training pipeline (jet, prop,
helo) is
has completed the primary
Therefore, enlistment contracts, initial
4.
normally not known until a candidate
phase of training.
and other documents pertaining to the
orders to flight training,
ADS0 for pilot candidates must be worded to reflect the potential
that either a 7 or 8 year obligation will be incurred, depending
on the pipeline entered (example:
training, candidates will incur an active duty obligation of 7
years (8 years for jet training)").
5.
Wpon completion of pilot
Action required:
;
.
NMPC-4:
refeE&ce (b) and Articles 1504A and
(Note: ensure effective date of 8 year‘jet pilot ADS0 for service
academy/NROTC graduates is clearly defined).
1504C of reference (c).
Make appropriate
cha,nges to Article 6610360 of
as
P-
Personnel
Divisio
n
Dolicv
I
Make appropriate changes to references (d) and (e).
OP-11:
b.
This Policy Decision is can
6.
been taken.
130E2, AV 223-2306,
OP-13 point of c
commercia
Distribution:
CNET (N-l, N-5)
CNMPC (NMPC-4')
SUPERINTENDENT, USNA
CNRC (N-31)
CNO (OP-11)
copy to:
CNO (OP-01,
CNATRA (N-3)
OP-OlA,
OP-OlBA, OP-05)
u4/
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MESSAGE
ZYUW
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ZYB
ROUTIUE
A 2812192 NOV 95
FM CHNAVPERS WASHINGTON
TO CMTRAWING Two KINGSVILLE
DCllPEAS432/PERS4GZ//
ONEIIJJJII
SEACDNROh' FOUR
PERSUPPDET KINGSVILLE TX
PERSUPPDET NORTH ISLAND CA
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01 OF 02
UNCLAS
HSGID/GENADMINICHNAVPERS//
SUEJIBUPERS ORDER//
RtdKS/
BUPERS ORDER: 3325
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(PERS-432N)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
IN CARRYING
OUT/PROCESSING THESE ORDERS, BOTH PARTS ONE AND TWO
MUST BE READ AND LISTED INSTRUCTIONS COMPLIED WITH.
XXXXXXXXXXXXXXXXxXXXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
PAR T
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WHEN DIRECTED BY REPORTING SENIOR, DETACH IN JAN 96
FRON
PERMAWENT
FRCM
PERSONNEL
KIWVILLE
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INVOLVING FLYING
ACCWNTIMG
STU TRAWING 2
DUTY UNDER INSTRUCTION IN A FLYING STATUS
TX
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REPORT NOT LATER THAN APR 96
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FOR DUTY UNDER INSTRUCTION IN A FLYING STATUS
SUPPORT: PERSUPPDET NORTH ISLAND CA
DATA
ACCJJ,TING
L______
INVOLVING FLYING
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MAC
CIC:
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PAR T
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CHANGE DUTY ORDERS FOR
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..I..................
TO REPORT
OFFICli WILL CANCEL THE REPORT NOT LATER THAN DATE, AT RECEIVING
CDNHAIID, AND SHALL CONSTITUTE THE SPECIFIC DATE MEMBER IS
FDA
OR
CONTACT SERVICING NPTO.
TIIANSPORTATION. ‘IF THIS IS AN ORDER MODIFICATION, CANCELLATION
Mollification OF PORT CALL MAY BE REQUIRED. IF SO,
1MMEDIATELY
NAVMILPERSCOHINST 4650.2 SERIES REFERS.
COMIIV\ND DELIVERING ORDERS: ENSURE
HAf=A COMPLETED AND
M/%lE TO ENSURE RESULTS ARE RECEIVED PRIOR TO TRANSFER.
RE,jULTS ARE NOT RECEIVED. ENSURE MEMBER'S MEDICAL/DENTAL RECORD
RESULTS.
IESULTS SHOULD BE FORWARDED TO NEW DUTY STATION UPON RECEIPT FOR
DOCUNIINTED HIV TEST WITHIN TWELVE
BE
IF
REFLE~:TS THAT
TEST
INCOR'ORATIDN IN MEDICAL/DENTAL RECORDS.
NDNTHS OF EDD. EVERY EFFORT SHOULD
WAS COMPLETED AND
THf MEMBER'S
AWAITING
MENBER
HOWEVER,
TEST
-------
ULTIHATE ACTIVITY (M) -------
COMllANDING OFFICER:
EWSURE ALL LT'S THROUGH CAPT'S COMPLETE
OFFICER RETENTION QUESTIONNAIRES UNDER OPNAVINST 1040.8 SERIES
AS PART OF MEMBER'S CHECK-IN PROCEDURES.
ARE\
YCU IN THE
NUHBER (l-BOO-NAVY-INN).
YOU ARE DIRECTED TO REPORT TO THE APPROPRIATE HOUSING REFERRAL
FOR A LIST OF LOCATIONS OF NAVY TEMPORARY LODGES AND TYPES OF
v YOUR NEW DUTY STATION FOR
UKTIL PERMANENT HOUSING CAN BE OBTAINED, SEE SECNAVINST 11107.2
ADDITIO#AL.INFORMATION CALL THE NAVY LODGE RESERVATIONS
FACILITIES AVAILABLE TO
USE
SERIES. FOR
CENTER'S TOLL FREE
OFFICE PRIOR TO NEGOTIATING ANY AGREEMENT FOR OFF-BASE
HOUSING.
SERIES)
(OPNAVINST 11101.13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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REPORT NLT 15 JAN 96
DESIGNATOR CHANGED TO 1315 EFFECTIVE
NAVAL AVIATOR,
OPNAVINST 11101.21
..I..................
CONGRATULATIONS............................
.....
..WELCOM E TO THE VIKING
.
.
.
.
.
.
.
COMMUNITY AND THE VS-41 "SHAMROCKS"
.
.
.
.
.
UF'ON BEING DESIGNATED A
AND
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MEMBER ADVISED: LOCATION IS A CRITICAL HOUSING AREA (CHA) WHERE
SHCRTAGE OF BOTH CIVILIAN AND MILITARY, INCLUDING BACHELOR, HOUSING
A
EXISlS AND DIFFERING VHA ENTITLEMENTS EXIST.
YOU ARE ADVISED TO USE
HOUSE HUNTING TEMPORARY ADDITIONAL
DUTY IF AUTHORIZED BY
t4ILPERSHAh'
6810400.
STROFIGLY RECOMMEND THAT DEPENDENTS NOT BE MOVED
INTO
THIS
AREA UNTIL
HOUSING OFFICE, OR REVIEW OPNAVINST 11101.43 AND CURRENT
NAVADMIN
ON
AND SECNAVINST 7220.82 FOR
PROCtOURES TO REQUEST VHA AT DEPENDENT'S LOCATION.
------- SPECIAL INSTRUCTIONS -------
YOUR
SUITABLE-HWSING IS LOCATED. CALL YOUR LOCAL FAMILY
MEMBER DIRECTED: FOR INFORMATION REGARDING
CtA'S TO CONFIRM ELIGIBILITY,
STATI.DN CONTACT THE NEAREST
CE#If'R OR RELOCATION ASSISTANCE OFFICE.
DEPARTHEh7 OF DEFENSE FAMILY SERVICE
HILPERSMAN 1810300 AND 1610320 REGARDING TRAVEL AND
CONPLY WITH
ULTIHATE
DUTY
IN
EXECUTIbN
OF THESE ORDERS.
COIJNT AS LEAVE (NILPERSMAN 1810360). KEEP OLD AND
PROVIDED NO EXCESS LEAVE INVOLVED, AUTHORIZED TO DELAY THIRTY DAYS
RI.PDRTING
DUTY STATION ADVISE0 OF LEAVE ADDRESS. FOR CIRCUITOUS TRAVEL
// N01321//
I.EAVE VISITS
NAMILPERSCaMINST 4650.2
SEE
TO
AUTHORIZED PROCEED TIME
IN
NEW
BT
UNCLID
AND
SERII:S, ALSO SEE
TRAIllIt& DATE W ITHIN THE NAVAL
(REFI:R MILPERSMAN 6610360).
OF 02
FINAL SECTION
TO FOREIGN COUNTRIES
302052.G.
AVIATIOh
MILPERSMAN
YEARS FOLLOWING
’
TRAINING
CMtVdAND.
CC#4PLETION OF
YOU ARE OBLIGATED TO SERVE EIGHT
S. NAVY
.
_..__
NAVAL PERSONNEL
CHIEF OF
_
_..__
_.
PEl1S433
PERS432 B
T
.
3
MCN=S5336
/13770
TOR=S5336
/11472
UNCLASSIIFIED
TAll=S6336
/12372
CDSN=MAB
. PAGE 1
153
281219
02 SECT
2
30-Apr-0 1
LEGAL COUNSEL
CHIEF OF NAVAL
PEkSdNNEL
(OOL)
TO
Subj: BCNR PETIT10
USN ’
.
I concur with the advisory
1.
Personnel Plans and Policy Branch
opinic ’n provided by the Head of the Officer
(N13 1) in his letter of 25 April 2001.
ruiter used an obsolete form that misled then
a change of his service obligation to one that
U.S.C. 653. I
in 10
nthe BUPERS orde
his completion of pilot training.
’s responsibility for the
_
esearched Federal
2. In reviewing the issue presented by
cases dealing with the question of the Government
unauthorized or incorrect statement:, of its agents. The law is still clear that
the Government will not be bound b
employees. See Office of Personnel
414,434 (1990).
In that case, a
fern
retired with a disability pension,
che.cked with his former employee relations
office about how much he would be permitted to earn before he would be
required to forfeit his disability pay. The employee relations specialist
informed him according to a
versior! of the law that had been amended two
years earlier. Relying on the principle that the Government is not bound by
the errors of its employees, the Supreme Court upheld the termination of the
former employee
’s disability retirement.
AF | DRB | CY2015 | FD-2015-00019
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable;achangetothenarrativereasonandachangetothereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdecl inedandrequeststhatthe reviewbe completedbasedonthe availableservicerecord.Theattachedbriefcontains availablepertinentdataon theapplicantandthefactors lead ingto the discharge. FINDJNG: TheBoarddenies theupgradeof the discharge;reasonandauthorityfor discharge andchangeofreenlistmentcode. ...
AF | DRB | CY2015 | FD-2015-00031
GENERAL: Theapplicantappealsforupgradeof dischargetoHonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclinedandrequeststhatthe reviewbecompletedbasedontheavailable servicerecord.The attachedbriefcontains available pertinentdataontheapplicantandthefactorsleadingtothedischarge.FIN DING: TheBoarddeniestheupgrade ofthe discharge.ISSUE: The applicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinaryInfractionsThe...
AF | DRB | CY2015 | FD-2014-00761
GENERAL: The applicantappealsforupgradeof dischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (ORB)butdeclinedandrequeststhatthe reviewbecompletedbasedon theavailable servicerecord.The attachedbriefcontains availablepertinentdataonthe applicantandthe factorsleadingtothedischarge. FINDING: TheBoarddeniesthe upgradeofthe discharge. ISSUE: Theapplicantreceiveda GeneraldischargeforMisconduct-MinorDiscipl inaryInfractionsTheAirForce...
NAVY | BCNR | CY2001 | 01120-01
From available information and the guidance delineated in the enclosure, authority acted appropriately in the revocation of the Joint Service Commendation Medal in the case of Staff Sergeant any Defense decoration for a or service may be revoked if it appears the awarding Since this is a Department of Defense awards issue, it is 2. recommended that this case be directed to that agency for an advisory opinion. Any Defense decoration for a distinguished act, achievement, or service may be...
AF | DRB | CY2015 | FD-2014-00754
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleading tothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: The applicantreceivedaGeneraldischargefor MisconductThe...
AF | DRB | CY2015 | FD-2014-00531
GENERAL: Theapplicantappealsforupgradeofdischargeto honorable,andchangeofauthorityforthedischargeandtochangethereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclinedandrequests thatthereviewbecompletedbasedonthe availableservicerecord.The attachedbriefcontains availablepertinentdataon theapplicantandthefactorsleading tothe discharge. FINDING: TheBoarddeniesthe upgradeofthe discharge,andchange ofauthorityfor the...
AF | DRB | CY2015 | FD-2014-00594
GENERAL: Theapplicantappealsfor upgradeofdischargetoHonorable. FINDING: TheBoarddeniestheupgradeofthedischarge A discharge isupgradedonly ifthe applicantandtheBoardcanestablishthatan inequityorimproprietytookplaceatthe time of discharge.
AF | DRB | CY2015 | FD-2014-00426
GENERAL: Theapplicantappealsforupgradeof dischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdecl inedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepe1tinentdata onthe applicantandthe factorsleading tothe discharge.FINDING:TheBoarddeniestheupgradeofthedischarge.ISSUE:TheapplicantreceivedaGeneraldischargeforMisconduct-DrugAbuse TheAirForceDischarge ReviewBoard,underitsresponsibilityto...
AF | DRB | CY2015 | FD-2014-00725
GENERAL: The applicantappealsforupgradeof dischargetoHonorableorGeneral. Theapplicantwasofferedapersonalappearancebefore theDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbe completedbasedontheavailableservicerecord. Theattached briefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | PDBR | CY2012 | PD2012 00812
The PEB combined the bilateral knee condition as a single unfitting condition, coded analogouslyto5003andratedat10%. TheBoard mustapplyseparate codes andratingsinits recommendations if compensable ratings for each condition are achieved IAW applicable VASRDsections. TheBoardnotedtheclinicexaminationof2007,5 years after separation, recorded full ROM bilaterally, a normal gait and no evidence of instability.