DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

SMC
Docket No: 02142-01
2 August 2001

SN

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 a special
selection board for appointment as a limited duty officer (LDO) or chief warrant officer
(CWO) for Fiscal Year (FY) 01 and 02.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 2 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
9 May 2001, a copy of which is attached, and your letter dated 4 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.

Contrary to paragraph 1 of the advisory opinion, the Board found you are correct that a
special selection board could be convened, under the Board’s own authority, to reconsider
you for an LDO or CWO appointment. However, they otherwise substantially concurred
with the opinion. They were unable to find any defect in your previous considerations for
LDOKWO appointment. For reasons explained in paragraph 7 of the advisory opinion, they
found the FY 01 selection of a candidate ranked third by your commanding officer, while
you were ranked in the top two, does not establish that you were improperly considered. In

view of the above, 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

DEPARTMENT OF THE NAV

N AVY PERSONNEL COMMAN

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

D

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD

OF NAVAL RECORDS

Via:

Assistant for BCNR Matters, PERS-OOZCB

1131
Ser 
9 May 01

811D/lU163

FOR CORRECTION

Subj:

COMMENTS AND RECOMMENDATION IN CASE OF PNC(SW)

us

Ref:

(a) BUPERSINST  

1120.3C

applications were placed before the FY-01 and
In accordance with reference
ection boards.

he member is not eligible to request a waiver of

r Board Action.
etter do not pertain to enlisted applicants

The references listed in

applying for the LDO/CWO program.
convene a Special Board for LDO/CWO non-selects.

There are no provisions to

For both years under discussion, his applications were

2.
considered for Chief Warrant Officer designator 7411 and Limited
Duty Officer designator 6412 as requested in his application.
As indicated in his letter, he was not selected by either board.
The LDO/CWO selection board as outlined in reference (a) is an
administrative selection board.

The administrative procedures for selection constitute a

3.
competitive system that requires the selection of the best and
fully qualified applicants from a group of generally outstanding
candidates.
capable individuals.
certain number of personnel failing selection one or more times.

Every selection board considers a group of highly

This process inevitably results in a

Candidates are often not aware that members participating on

4.
a selection board as a voting member, recorder, or affiliated
with the selection board process'in any way, are prohibited from
discussing why one particular individual is/was selected over
another.
in nature, and as a matter of policy and law, records of
deliberations are not kept; therefore,
select candidates by those associated with the selection board
process is prohibited.

The proceedings of selection boards are confidential

counseling of failed to

Subj:

OMMENDATION IN CASE OF PNC(SW)

The Deputy Chief of Naval Operations

Regrettably, there is no standardized checklist we can

5.
provide to candidates who are not selected by an enlisted
administrative board.
(Manpower and Personnel) charges a board with the responsibility
of finding the best and fully qualified candidates for
selection.
or counseling to an individual as to why they were not selected
for commissioning, it is equally inadvisable to convene a
special board to reconsider an application of a person who was
not selected.

While it is inadvisable to provide specific guidance

The records of the proceedings of the FY-01 and FY-02

There are very specific guidelines for the conduct of this

6.
administrative board contained in the precept governing the
board.
LDO/CWO selection boards indicated that all applications before
the board, including PNC
evaluated fairly and in
the Deputy Chief of Naval
Every indication is that P
special qualifications" were,
selection boards.

in fact, considered by both

er and Personnel).
ranking and/or

were reviewed and
the guidance provided by

It is a matter of public knowledge that precepts emphasize

7.
assessment of the "whole person" in the review of a record.
While rankings tell a selection board how a particular reporting
senior ranks an individual against a given group of people, no
single ranking is the sole criteria for selection.
and fully qualified" standard is directed and applied during
selection boards.

The "best

To provide fleet feedback,

8.
results of the FY-02 LDO/CWO selection board included five
common characteristics shared by a majority of the selectees.
Regrettably, many applicants who were not selected due to quota
limitations or overall career performance history also had many
of these five common characteristics.

the NAVADMIN announcing the

I 

encourag

9.
commission.
therefore, reapplying for the FY-03 LDO/CWO board is his best
avenue for a commission.

His request for a special board is invalid

continue to apply for a

2

10.

If I can be of further assistance,

please contact me at

p8ll@persnet.navy.mil.

OF PNC(SW)

I-.

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By direction

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