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NAVY | BCNR | CY2001 | 01683-01
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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

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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)

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BY MEMBER, PORT CALL ASSIGNED BY THE NAVY PASSENGER TRANSPORTATION
BUPERS WASH DC
ACTION PERS432 1
INFO 

COHHAND: IF TRANSOCEANIC TRAVEL WILL BE PERFORMED

HSG 2919362 APR 93 

n&j TFK  

YOURSELF (DITY) HOUSEHOLD 

TRANSFERRING 

INFORHATION.

CK-usi

(t,F)

 

 

 30777

EDD :  JAN 96
UIC:
ACC: 342

UIC: 43096

EDA: APR 96
UIC: 65566

ACC: 342
BSC: 00210
PRO: 9611
UIC:

 42827

..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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
..........................
.....
. 
. 
. 
. 
. 
. 
. 
. 
. 
. 
. 
. 
. 
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 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

~

. 

. 

 

..

 

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.

 



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