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NAVY | BCNR | CY2001 | 04715-01
Original file (04715-01.pdf) Auto-classification: Denied
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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