DEPARTMENT OF THE NAVY
BOARD  FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 8299-00
17 October 2001

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 correction of your record to show your voluntary resignation from the Naval
Reserve on 30 June 1991, rather than involuntary discharge on 31 December 1994 by reason
of two failures of selection to lieutenant commander. You also requested removal of your
failures by the Fiscal Year 1994 and 1995 Reserve Line Lieutenant Commander Selection
Boards. Finally, you requested that your inactive duty training orders dated 20 March 1991
be removed or modified to show your transfer to the Individual Ready Reserve (IRR) was
voluntary, rather than based on unsatisfactory drill attendance.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 October 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 opinions furnished by the Navy Personnel Command dated 2 April
and 19 June 2001, copies of which are attached. They also considered your rebuttal letter
dated 7 May 2001, your facsimile transmission dated 14 May 2001 with enclosure, your
rebuttal letter dated 20 September 2001 with enclosure, and your rebuttal letter dated
10 October 2001 with enclosure.

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.

The Board found your request to show you voluntarily resigned should be denied. In this
regard, they found that no resignations were being accepted at the pertinent time; that the

Navy was under no obligation to accept your request for resignation; and that you received
no written acknowledgement that your resignation request had ever been accepted.

The Board further found that the orders dated 20 March 1991 should not be removed or
corrected. The evidence you provided, including the letter of 13 November 2000 from your
former commanding officer (CO), did not persuade them that your drill attendance was
actually satisfactory. In this regard, they noted the CO ’s letter does not state your attendance
was satisfactory; rather, it says he did not terminate you for inability to maintain satisfactory
attendance. They found it was within the authority of the CO, Naval Air Station, New
Orleans, Louisiana, to cite unsatisfactory drill attendance as the reason for your transfer to
the IRR.

Since the Board found insufficient basis to make the other record corrections you requested,
they had no grounds to strike your failures of selection to lieutenant commander or set aside
your involuntary discharge by reason of those failures.

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

Enclosures

DEPARTMENT OF THE NAVY

NAVY 

PER SO NNEL  COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

 i

“L / ‘7 , _,

.

542 0
PERS-911
2 Apr 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

REQUE
FORME

. 

Ref:

(a) BCNR memo 5420 PERS-OOZCB of 8 Mar 01
(b) SECNAVINST  
(c) BUPERS 

ltr 1920 PERS-911 of 8 Sep 94

1920.6A

Encl:

(1) BCNR File No. 08299-00

1.
recommendation that former

Per reference (a), enclosure (1) is returned with the
petition be denied.

Former

as commissioned an Air Force officer in

on active duty for four years, three months, and

He immediately began drilling in a Naval Reserve

2.
1982 and serve
two days of active duty before becoming a Naval Reserve officer
on 14 January 1987.
He then served on active duty in the Navy
for three years before being released to the Naval Reserve in
January 1990.
unit but stopped actively participating after October 1990,
which was only three months after the advent of mobilization for
Operation Desert Shield.
In March of 1991, he was transferred
from his drilling unit to the Individual Ready Reserve (IRR)
because he failed to maintain satisfactory drill attendance. He
did not actively participate in the Naval Reserve Program while
assigned to the IRR.
was considered for promotion by the appropriate selection boards
and he twice failed of selection for promotion.
was discharged from the Naval Reserve effective 31 December
1994.

As a member of the IRR  

forme

Accordingly, he

record of this action.
request at that time,
resignations 

ates that he submitted paperwork to
n the spring of 1991 but we have no
Even if we had received his resignation
we could not have processed it because all

and retirements were frozen due to Operation Desert

Subj:

REQU
FORM

We note that  

forme
Storm.
did not follow up on
Furthermore, we notified him
alleged resignation request.
writing of his attrition and discharge in 1994 and he did not
bring this matter up at that time.

his
in

All members of the Ready Reserve, including IRR members, are
4.
required by law to be considered by promotion selection boards,
whether or not they are actively participating.

Former LT

s a member of the Ready Reserve since his release from
ty in 

1990 and was eligible for consideration by

promotion selection boards.
He was correctly considered by the
FY-94 and FY-95 promotion boards and failed of selection on both
occasions.

Per reference (b),

a lieutenant who has at least twice

5.
failed of selection and has completed his eight-year military
service obligation must transfer to the Retired Reserve,
if
eligible, or be discharged.
was notified that he had become subject to the attrition
provisions of reference (b) and because he had not earned
 
years of qualifying service his honorable discharge from the
Naval Reserve was required by 31 December 1994.
provision of law or policy to waive this requirement.

Per reference (c)

There is no

form

20

We find no evidence of error or injustice in this case.

6.
10 USC 14505 and 14513,
for promotion are separated from the Naval Reserve by either
retirement or discharge.
retirement he was honorably discharged
Accordingly, we recommend his petition

Because he was not eligible for

from the Naval Reserve.
be denied.

lieutenants who twice fail of selection

Per

ct

Administration Division

1 Reserve Personnel

2

DEPARTMENT OF THE NAVY

NAVY 

PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

D

5420
PERS-911
19 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORD

S

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

Ref:

(a) BCNR memo 5420 PERS-OOZCB of 30 May 01

Encl:

(1) BCNR File No. 08299-00

Per reference (a),

1.
recommendation that  
involuntary transfer orders from his record be denied.

s returned with the
request to remove

en
forme

forme
activ

May through October and

record reveals that after his
uary 1990, he joined a reserve

No other documentation, i.e. drill attendance

A review of  
2 .
separation from  
unit and drilled in February, March,
December of 1990.
records or drill pay statements could be found to substantiate
any other drills
thro
13 January 1991, form
scheduled drills for
Participation r
attendant
drill 
1001.39, former
unsatisfactory
orders of 20 March 1991.
The fact that the member was below
minimum standards when he requested transfer from his unit to
the Individual Ready Reserve,
Officer, Naval Air Station,
New Orleans prerogative to cite
unsatisfactory drill performance as the reason for transfer.

t that time were a minimum of 90%
irective 1215.13 and BUPERSINST
s correctly identified as having
pation, which is documented in his

1991.
attended a total of 33 of 48
icipation rate of 69%.

does not negate Commanding

From 14 January 1990 to

form

With regard to

we note his lack of good judgement in soliciting

3.
commission,
advice from an enlisted career counselor.
seek career advice from qualified personnel such as their
commanding officer or other senior officers.
counseling he would have been informed that:

effort to resign his

Officers normally

Had he sought such

Subj: RE

FO

a. No resignations were being accepted at that time due to a

stop loss directive issued by  

DOD,

b. He would have to reapply after stop loss directive was

cancelled if he still desired to resign his commission,

C . His request to resign implies no obligation on the part

of the Navy to accept his resignation, and

d. Acceptance of any resignation request on behalf of the
-

Secretary of the Navy would be acknowledged via official
separat.ion orders and an honorable discharge certificate.

 

Not only were units being mobilized, but

It is important to note that these events occurred during a

4.
major mobilization.
also many individuals were being recalled who possessed specific
skills needed by the Fleet.
was evident that his unit was not
irrelevant.
and available to fill any requirement that may have arose. It
was during this time that he stopped active participation with
his unit, became unsatisfactory in drill participation, was
transferred from the Selected Reserve to the Individual Ready
Reserve, and asked to resign his commission.

As a Ready Reservist at that time he was subject to

going to be activated is

Forme

statement that it

In reviewing former

5.
evidence of error or injustice.
reflects the appropriate actions,
period of time.
petition to alter his official record by removing the
involuntary transfer orders be denied.

case we continue to find no
His official record accurately
which occurred during that

Accordingly, we continue to recommend his

6.
or 

My poi
commerce

Director, Naval Reserve Personnel
Administration Division

2