DEPARTMENT OF THE NAVY
BOARD
FORCORRECTIONOF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No:
20 April 2001
03920-00
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 April 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 1 August 2000, a copy of which is
attached.
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. Since the Board found insufficient grounds to remove your failures
by the Fiscal Year (FY) 99 and 00 Naval Reserve Staff Lieutenant Commander Selection
Boards, they had no basis to set aside your discharge from the Naval Reserve on
or grant you reserve retirement point credit after that date.
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.
l+July 2000
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
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
Y
5420
PERS-86
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
LIEUTENAN
JR., USN
Encl:
(1) BCNR File 03920-00 w/Service Record
We are returning enclosure (1) with the following
1.
observations and the recommendation that
request for removal of two failures of selection be denied.
Lieuten
rts that he received an inadequate
rther asserts that he was not
2.
Lieutena
separation b
informed that by signing the oath of office for a commission in
(IRR) on 09 September 1995, he
the Individual Ready Reserve
would be eligible for consideration for promotion while in the
IRR.
While in t
the Reserve Active Status List
Lieutena
considered by both the FY-99 and
(RASL),
FY-00 lieutenant
ection boards and failed of
selection both times.
should have exercised due diligence in ensuring he ful
understood the ramifications of a commission in the IRR.
Further more,
it is ultimately the individual officer's
responsibility to be aware of his Reserve status and eligibility
for promotion,
It is our opinion that Lieutena
and to plan accordingly.
Lieutena
recor
3.
of his
to his petition does not detract from his honorable service to
this nation and the United States
I can be justifiably proud
r
tions; the negative response
-
N
Reserve Officer
Director,
Promotions,
Appointments, and
Enlisted Advancement Division
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