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NAVY | BCNR | CY2001 | 08560-01
Original file (08560-01.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   20370-5100 

HD: hd 
Docket  No:  08560-01 
18 June 2002 

Dear  C o m m a n d ~  

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 i n  executive 
session, considered  your  application  on  13 June 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 
opinions furnished by  the  Navy  Personnel Command dated  15 February  and  20 March  2002, 
copies of  which  are 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 opinions.  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. 

Consequently,  when  applying for a correction of  an  official naval  record,  theburden is on  the 
applicant to demonstrate the existence of  probable material error or  injustice. 

Sincerely, 

W.  DEAN  PFElFFER 
Executive Director 

Enclosures 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON T N  38055-0000 

5420 
Pers-921 
15 Feb 02 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via: 

Assistant  for BCNR Matters  (Pers-OOZCB) 

Sub j  : 

IONS ICO 

Ref: 

(a) BCNR Memo 5420 Pers-OOZCB of 31 Jan 02 

Encl:  (1) BCNR File No.  08560-01 w/microfiche record 

1.  We are returning enclosure  (1) with the followi 
observations and the recommendation that 
be denied. 

petition 

is petitioning  for an adjustment to her year 

2. 
grouplng as lt applies to promotion eligibility.  The petitioner 
asserts that she suffered an injustice when the Fleet Support 
Officer Community,  (FSO) was detached from the Unrestricted Line 
Community,  (URL) in 1995 and then recombined 'with the URL  in 
1999.  We assert there was no injustice committed in that all 
1100/1105/1107 personnel were treated the same in the movement  of 
the FSO community from the URL and subsequently back to the URL 
in 1999. Specifically, 135 FSO Training and Administration  of 
Reserves  (TAR) officers were effected in the transition from and 
to the URL.  It is worthy of note that the billet base  for the 
FSO community caused personnel to be looked at earlier in the 
1995-1999 time frame than their URL counterparts.  In fact 
SECNAVINST 1420.1A addresses flow points  for active duty which 
t.he reserve forces mirror  through the use of -the running mate 
system.  The flow point  for commander is 16 years with a variance 
of +  or  --  one year.  The petitioner promoted zo commander at the 
17-yedr point  in keeping with her running mates and within  the 
flow point  guidelines of SECNAVINST 1420.1A.  The projection  for 
her next in zone eligibility for captain puts her at the 23 year 
mark, which  is also one year above the notional  flow point  and in 
accordance with SECNAVINST 1420.1A. 

asserts that she will not be  in zone for 

-1s0 
promotion  until 2006.  Based on projections  for the URL provided 
by  Chlef of Naval  Personnel Code N13  she will be in zone for 
captain in FY-05.  Incidentally, the FY-05 list of eligible 
officers in zone for captain is comprised of commanders in YG- 
82/83, the petitioner  is YG-82. 

Subj : 

DATIONS I 

4.  We find that the petitioner  failed to show that the Navy 
acted contrary to law in the detachment and rsintegration of the 
FSO community into the URL.  We find no basis for relief 

T e t i t i o n .  

5. 
be  j 
to this request does not detract  from her honorable service to 

ervice to her country is laudable and she can 
d of her contributions, the negative response 

~irector, Naval  3eserve Personnel 
Full Time Support, Community Manager 
By direction 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

2 0 MAR 2002 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  Assistant for BCNR Matters  (PERS-OOZCB) 

Subj:  REQUEST FOR COMMENTS AND R 

OF 

C 

Ref: 

(a) BCNR Memo 5420 PERS-921 of 31 Jan 02 
(b) SECNAVINST 1401.1B 

Encl:  (1) BCNR File 08560-01 

1.  Per reference  (a), we are returning enclosure (1).  Based on 
our observations, we concur with th 
PERS-921 and recommend that Command 
disapproved.  command- 
n 
record and this negative response to her request in no way 
diminishes her contributions to her country. 

culated by 
equest be 
y proud of her 

. - 

Officer Career Progression 
Division 



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