DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

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HD:hd
Docket No: 08509-00
6 April 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj 

:

EX-
REVIEW OF NAVAL RECORD

, CHC, US

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)

DD Form 149 dtd 30 Nov 00 w/attachments
PERS-9 11 memo dtd 25 Jan ‘01
PERS-86 memo dtd 19 Mar 01
Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by
removing his failures of selection by the Fiscal Year 
Lieutenant Commander Selection Boards, so he may return to active duty in fall 2001.

(FY) 00 and 01 Naval Reserve Staff

2. The Board, consisting of Messrs. Chapman, Shy and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 5 April 2001, and pursuant to its regulations, determined
that the corrective action indicated below should be taken on the available evidence of
record. Documentary material considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. Petitioner’s DD Form 214 (“Certificate of Release or Discharge from Active Duty”)
shows that his last day of active duty was 28 September 1996, and that he was released from
active duty by reason of completion of required service. He was discharged from the Naval
Reserve on 1 April 2001 by reason of his two failures of selection to lieutenant commander.

In correspondence attached as enclosure 

(2), PERS-9 11, the Navy Personnel

C.

Command (NPC) office having cognizance over Naval Reserve personnel administration
matters, has commented to the effect that Petitioner ’s request has merit. They recommend
that his record be changed to reflect a resignation and discharge from the Naval Reserve

effective 1 October 1996. They state that this action will bring about the removal of both
failures of selection from his record, reduce his commissioned service to the period of active
duty only, and enable him to return to active duty or to the Ready Reserve as a chaplain.
They say the only action required of Petitioner to return to active duty or the Ready Reserve,
if this correction is approved, is to request a Naval Reserve commission and submit a Ready
Reserve service agreement to PERS-911 via a reserve officer programs recruiter.

In correspondence attached as enclosure 

(3), PERS-86, the NPC office having

d.

cognizance over reserve promotions, concurred with enclosure (2) and recommended removal
of Petitioner ’s failures of selection for promotion.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
(3), the Board finds the existence of an injustice warranting
contents of enclosures (2) and 
correction of Petitioner ’s record to show that he resigned on his last day of active duty and
that he has not failed of selection for promotion.

The Board notes that according to the DD Form 214, Petitioner
28 September 1996, so the appropriate action to reduce his commissioned service to the
period of active duty only would be to show he resigned on that day, rather than
1 October 1996, the date proposed by PERS-911. They find that Petitioner would not have
failed of selection for promotion, nor would he have been discharged on 1 April 2001, had
he resigned on 28 September 1996.

’s last day on active duty was

In view of the above, the Board directs the following corrective action:

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected to show that when he completed active
duty on 28 September 1996, he was discharged pursuant to resignation of his Naval Reserve
commission; and that his DD Form 214 be corrected accordingly as follows:

(1) Block 23 ( “Type of Separation ”): Change from  “RELEASED FROM ACTIVE
DUTY ” to “DISCHARGED. 
”

(2) Block 25 ( “Separation Authority ”): Change from  “MILPERSMAN [Naval Military
Personnel Manual] 3620150 ” to “SECNAVINST [Secretary of the Navy Instruction]
1920.6A. ”

(3) Block 26 ( “Separation Code ”): Change from  “MBK” to “FBK.”

(4) Block 28 ( “Narrative Reason for Separation ”): Change from  “COMPLETED
REQUIRED SERVICE ” to “COMPLETED REQUIRED ACTIVE SERVICE. 

”

2

b. That his record be corrected further to show he did not fail of selection by the FY

00 and 01 Naval Reserve Staff Lieutenant Commander Selection Boards, and that he was not
discharged from the Naval Reserve on 1 April 2001, but has had no status in the Naval
Reserve since completing active duty on 28 September 1996.

C. That any material or entries inconsistent with or relating to the Board

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

d. That any material directed to be removed from Petitioner

’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner ’s naval record.

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing
is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN
Recorder

JONATHAN S. 
Acting Recorder

RUSKIN

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

DEPARTMENT OF THE NAV
PERSONNEL  COMMAND
E

N AVY 
MILLINGTON TN 380550000

5720  INTEGRITY DRIV

Y

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters  

(PERS-OOZCB)

Encl:

(1) BCNR memo 5420 Pers-OOZCB of 23 Jan 01

Enclosure (1) is retu
1.
recommendations concernin

lowing comments and

i

Based on the information

2.
that his superior officers provided inaccurate or inadequate
information regarding his status before beginning his mission to
Had his superior officers provided the correct advice,
Canada.
and had he followed this advice
i.e. resignation and discharge,
his record would have not been placed before any selection
boards.
for having twice failed of selection for promotion.

Also, he would have not been processed for separation

petition, we agree

We recommend that

record be changed to reflect a

3.
effective 1 October 1996 and that he
resignation and discharge
This action will result in the
remain in that status to date.
removal of both failures of selection from his record, reduction
in commissioned service to the period of active duty only, and
erve as a
ability to return to active duty or t
return to
The only action required o
Chaplain.
ission and
active dutv or the Ready Reserve is t
submit a Ready Reserve Service Agreement
Reserve Officer Programs Recruiter.
PERS-911 will direct that his reserve participation point capture
record be updated to reflect this change in status.

to this office via a

If his petition is approved,

f contact in
mercial

t DSN

Director, Naval Reserve Personnel
Administration Division

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)

Ref:

(a) BCNR memo 5420 PERS-OOZCB of 25 JAN 01
(b) SECNAVINST  

1401.1B

Encl:

(1) BCNR File 08509-00 w/Service Record

Per reference (a) we are returning enclosure (1).

The

1.
member requests the removal of his two failures to select from
the FY-00 and FY-01 Lieutenant Commander Staff Corps Promotion
Selection Boards.
opinion r
Lieutenan
FY-00 and

S-911 and recommend that you approve
quest and remove his fails of select for

Based on our observations we concur with the

Reserve Officer

Promotions, Appointments, and
Enlisted Advancement Division