DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

HD: hd
Docket No: 01939-01
20 July 2001

Dear 

Lieutenan-

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 correction of
your record to show your original officer appointment was temporary, rather than permanent,
and to show you received all enlisted advancements in due course.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 July 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 Nurse Corps Community Manager dated 9 May 2001, a copy of
which is attached. The Board also considered your letter dated 12 July 2001.

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 this connection, the Board substantially concurred with the comments contained
in the advisory opinion. Accordingly; 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 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

MEMO FOR BCNR COORDINATOR (PERS-OOZCB)

9 May  2001

CAP
Manager 

(N131M5)

From:

Subj:

C, USN, Nurse Corps Officer Community

ICO

SNR,

The basis for this request is based on the alleged fact that

1.
correct information was not made available to the individual.
resources for the information needed include instructions,
NAVADMINs,  detailers, NSHS who administers the program and the Officer
Community Manager who manages the program.

Title 10,

Correct

Individual was selected for the MECP program for FY95 at which time

2.
BUPERSINST 1131.3 (PERS251) 8 February 1994 was in effect (Attachment
1). Page 4, paragraph 8 of noted instruction delineates appointment and
service obligation:

"Upon successful completion of the requirements for a baccalaureate
degree in nursing (certified by the college/university), the candidate
will be appointed in the grade of ensign in the Nurse Corps, U.S. Naval
Reserve, per 10 U.S.C.
Appointees incur an 8 year obligation upon commissioning, 4 of which
must be served on active duty."

593 and under the guidance of reference (b).

Reference (b)
which is at
attached to

e paragraph is SECNAVINST 
request. BUPERSINST 1131.3 is
ever, pages 
2,4,6  are absent.

1120.6B

The last page of BUPERSINST 1131.3 (Attachment 

l), which is

3.
included i
career counselors
4 years must be served on active duty.

and delineates

ackage, is a flier to be displayed by command
the 8 year service obligation of which

4.
All sources of information applicable at the time th
accepted commissioning were congruent in the use of the
including BUPERSINST 1131.3, SECNAVINST 
'appointment',
10 which continue to use the term 'appointment' to mean permanent
appointment. Only under specific sections in Title 10 does the term
'temporary appointment' appear,

none of which were referenced for the

1120.6B,  Title

appointment never was a temporary appointment.

'igned an acceptance and oath as an Ensign which also
not temporary appointment. (Attachment 2). She

signed an acceptance and oath as a LTJG which states 'permanent
appointment' on 29 December 1999. (Attachment 3).

tates that referenced sections of Title 10 do not

6.
address reversion to enlisted status for retirement. The references do
not address the issue because it is not relevant to the MECP program.
The only individuals who have the option of reverting to an enlisted
status for retirement are the 
temporary. All other officers receive permanent appointments and as
such they cannot revert to enlisted status.

LDOs where their initial appointment is

Changes in instructions and NAVADMINS are constant and are in

7.
concert with continuous process/ quality improvement and changes in the
program itself.

?(:  

,?,q  

(. 

/

8.
man
resources were
signing her commissioning documents.

tates she has recently contacted the MECP program
iduals  handling retirements at BUPERS. These same
reasonably available'

to her for questions prior to

tes different dates of service obligation. The
ervice  obligation of 6 years was implemented to
ual does not leave the naval service during the

It is addressed on page 5,

program.
1131.3. If the MECP candidate fails to complete their training or
licensure requirements as a registered nurse, then the individual
completes whatever remains of this 6 year obligation as delineated in
paragraph 
time of commissioning.

The enlisted service obligation terminates at the

11(c)  of BUPERSINST

paragraph 

Il.(g).

10.
Statement of Service dated 
microfiche she has submitted.

retirement eligible in 2006 as documented on her

02/23/99  which is noted to be present on the

(Attachment 4).

bligated service is:

.
.

.

Enlisted service obligation terminated 
Active Duty Commissioned Base Date of 
of the 4 years active duty obligation which concludes on
12/13/01.
The remaining 4 years (of the 8 year total service obligation)
can be served either on active duty or inactive duty and will
conclude on 

12/13/97.
12/13/97  is the beginning

12/13/05.

11.
Recommend that this
clearly delineated in the
There is no evidence that,
reasonable,
accurate and
community manager or NSHS or any individual within the Nurse Corps who

ied. The service obligation is
which
s provided.
ught information from all
urces,

that is, the detailers or

gram prior to signing her commissioning
'tiuntarily  signed her commissioning documents.
ily signed her

'permanent appointment' to LTJG

in December 1999 after all the instructions which she states clarify
the service obligations were in effect.