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 0
HD: hd
Docket No: 04715-01
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 that
your naval record be corrected to reflect that your commission in the Naval Reserve was
based on your having been promoted to major in the Army Reserve with a date of rank of
3 June 1999.
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. In addition, the Board
considered the advisory opinion furnished by the Navy Personnel Command dated
2 August 2001, a copy of which is attached.
A f ~ c l catciul and conscientious cclnsde~'alior~ of the enlirc r t x ~ r d , the W a d 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.
burden is
injustice.
Consequently, when applying for a correction of an official naval record, the
on the applicant to demonstrate the existence of probable material error or
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-85
2 Aug 01
MEMORANDUM FOR BCNR
Via: BUPERS/BCNR Coordinator
Sub j : LCD-
USNR,II(IIIIIIII
Encl: (1) BCNR File
Enclosure (1) is returned with the following observations
and the recommendation that
-
denied.
-
petition be
not promoted to the grade of Major in the
-was
Army Reserve at the time he transferred to the Naval
Reserve. Per Title Ten, a member's "select" status cannot
be transferred between services; a member transfers with the
rank he holds the day prior to the transfer. According to
his promotion
the documentation submitted b
in the Army was effective on
days after his
transfer to the Naval Reserve. Regretfully, we are unable
to recognize his promotion to the 0-4 paygrade.
in his record. The first was
promotion history, the Army Reserve
In the course of communicating with the Army Reserve
regardin
discover-ncies
his dischal-ge date was listed as one month after his
affiliation with the Naval Reserve. The second was his
projected date for promotion to Major. A recalculation of
his years of commissioned service revealed that he would not
have been eligible for promotion until 3 December 1999 vice
3 June 1999. We recommen
address these
discrepancies with the A
eclude any -
confusion that may occur during the remainder of his
military career and into retirement.
Recommen
request be denied.
-
BCNR ~ i a i s o n , . O f f i c e r Promotions
and Enlisted Advancements Division
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