DEPARTMENT OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 G  

HD: hd 
Docket  No:  02243-01 
8 March  2002 

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, in  effect, 
removal of  your  failures by  the Fiscal  Year  97 through  02  Naval  Reserve Line Commander 
Selection  Boards,  and  cancellation of  your discharge from  the  Naval  Reserve on  1  June 2001. 

A  three-member panel  of  the  Board  for Correction of  Naval  Records,  sitting in  executive 
session, considered  your application  on  7 March  2002.  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. 
considered the advisory opinions furnished by  the  Navy  Personnel Command dated 
8 November and  7 December 2001,  copies of which are attached.  The Board  also 
considered your letter dated  12 February 2002. 

In addition, 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.  While the Board  found  you  were correct  that your  anniversary years  for 1998- 
1999 and  1999-2000 were satisfactory years for purposes of eligibility for retired pay,  they 
otherwise substantially concurred  with  the advisory opinion dated 8 November 2001.  They 
were unable to find you  received  any  inaccurate or misleading  counseling as to your 
eligibility to be considered for promotion,  or the requirements for retention in  the Naval 
Reserve.  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 atlaches 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 

Enclosures 

DEPARTMENT O F  THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

5420 
PERS -- 9 11 
8 Nov 01 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via : 

Assistant for BCNR Matters  (PERS-OOZCB) 

Ref: 

(a) BCNR memo 5420 PERS-OOZCB of 25 Oct 01 
(b) CHNAVPERS ltr 1333 PERS-911 of  19 Jul 95 
(c) COMNAVPERSCOM ltr 1920 PERS-911 of 3 Aug 00 

Encl:  (1) BCNR File No. 02243-01 

1.  Per reference  (a), enclosure  (1) is returned with the 
petition be denied. We  found 
recommendation that-' 
no errors or injustices resultant from any actions on the part 
of the Navy, which may have affected his failed of select 
status. 

record reveals that he was 

- 

to-the Individual Ready Reserve  (IRR) and 
was 

2 .   A review of 
commissioned a Naval Officer on 27 May 1981.  He served on 
active duty from 1981 until 1986.  In 1986, he resigned his 
active duty commission and was appointed a Naval Reserve 
officer.  After 2 years of inactivity and a short period of time 
served in the Standby Reserve-Inactive, he returned to the Ready 
Reserve and drilled from 1988 until 1993. At that time, LCDR 
-transferred 
ceased further unit p a r t i c i p t  ion.  In 1995, J.,CD- 
screened for non-participation and responded that he would begin 
completing correspondence courses to maintain his status in the 
IRR.  He was never transferred to USNR-S1 status, a category 
used to by PERS-9 to classify key federal employees.  He was 
correctly counseled at that time that he must earn at least 27 
retirement points per anniversary year in order to remain in the 
IRR and that he must earn at least 50 retirement points per 
anniversary year to earn a qualifying year towards retirement. 
Reference  (b) pertains.  Although he earned sufficient points 
(27) to remain a Ready Reservist, he did not earn sufficient 
points  (50) in any anniversary year to accumulate additional 

years of qualifying service.  Records reveal that - 

Sub]:  REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO- 

M u s m  

earned only 11 years, five months and 26 days of qualifying 
service during his 20 years of commissioned service. 

3 .   ~ 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.  The 
zones for promotion boards are published by ALNAV message, as 
are the results of the boards. Officers are not individually 
notified.  It is ultimately the individual officer's 
responsibility to be aware of his status and his eligibility for 
promotion, and to plan accordingly.  Our review of 
case was that he was correctly considered by the FY-97 through 
FY-02 promotion boards and failed of selection on each occasion. 
Specific reasons for his non-selection are not available, as 
board deliberations are confidential in nature and records are 
not kept.  We can only surmise that his record was not 
competitive when compared with other eligible candidates when 
viewed within the numerical constraints placed on selection 
boards.  Certainly, his promotion chances were reduced by his 
decision not to become an active member of a Naval Reserve unit, 
where fitness reports document performance. 

4 .   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 provisions of law and, because he had not earned 
20 years of qualifying service, his honorable discharge from the 
Naval Reserve was required by 1 June 2001. 

5 .   We regret a more favorable recommendation is not possible in 
this instance  My point of contact is 
_^_^_ 

PERS-91B, at 

, .. . 

~ers&nnel Administration Division 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

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 

Ref: 

( a )  BCNR memo 5420 PERS-OOZCB of 25 OCT 01 
(b) SECNAVINST 1401.1B 

Encl:  (1) BCNR File 02243-01 w/Service Record 

1.  Per reference  (a) we are returning enclosure  ( 1 )  .  The 
member requests the removal of his multiple failures to select 
for Commander and be allowed to continue in the Naval Reserve. 
Based on our observations we concur with the opinion rendered by 
PERS-911 and recommend that you disapprove Lieutenant Commander 
-equest. 

Director, Active and Reserve 
Officer Career Progression 
Division