DEPARTMENT OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   OF  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  

HI>:hd 
Docket No:  00529-02 
6 June 2002 

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

Secretary of the Navy 

Subj:  LCDR 

... 

-- 

REVIEW  OF  NAVAL RECORD 

Ref: 

(a)  Title  10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 dtd  19 Jan  02  ~Jattachments 
(2)  PERS-9 1 1  memo dtd  17 Apr  02 
(3)  Subject's ltr dtd  13 May  02 
(4)  Subject's naval  record 

1.  Pursuant to the provisions of  reference (a), Subject, hereinafter referred  to as Petitioner, 
filed enclosure (I) with  this Board  requesting, in  effect,  that  his  naval  record  be corrected to 
show  his resignation and discharge from  the  Naval  Reserve on  20  November  1994.  He also 
asked that  the period  from  his  resignation  to his affiliation with  the  Selected Reserve 
component of  the Naval  Reserve in  November 2000 (a period  during which  he was in  the 
Army  Reserve,  then  in  the National  Guard) be counted toward  his  retirement eligibility.  By 
implication,  he further requested  removal of  his  failure of  selection by  the Fiscal  Year  (FY) 
98 Naval  Reserve Line Commander Selection Board, as well  as any  other failure of  selection 
he  may  have  sustained after  the requested  resignation  date.  Finally,  he  requested that his 
record  be corrected  to  show  he has been  recommissioned as an  officer  in  the Naval  Reserve. 
The Board  did  not consider his request that  the period  from  resignation  to affiliation be 
counted toward  retirement eligibility,  as this  is an  Army  Reserve/National Guard  matter. 
They likewise did  not conqider his  request for recommissioning, as this can be accomplished 
without Board action (by  means of  an  inter-service transfer or, if  he has had  a break  in 
service,  by  a direct reappointment). 

2.  The Board,  consisting of  Messrs.  Dunne,  Morgan and  Swarens,  reviewed  Petitioner's 
allegations of  error and  injustice on  6 June 2002,  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.  Although  Petitioner refers  to  a  "failure to  select to  the  0-5 [commander] 2001 

board,"  he actually was not  considered by  the  FY  02 Selection Board.  He was ineligible for 
consideration by  the  FY  99 through 01  Selection Boards, because he  was in  the  Standby 
Reserve -  Inactive when  those promotion  boards met; and  he  was  ineligible for the  FY  02 
promotion board,  because that  board  convened less than  a year  after  his  restoration  to  active 
status.  He was considered by  the  FY  03 Selection Board,  convened on  25  February 2002; 
however,  the results of  that  promotion  board  have not  been  released. 

c. 

In  correspondence attached as enclosure (2), the Navy  Personnel  Command office 
having cognizance over  the  subject  matter  of  Petitioner's case has commented to  the effect 
that  his  request for  resignation  effective 20 November  1994 has  merit and  warrants corrective 
action.  They  further  recommended  that  all  Naval  Reserve service after  that  date be 
expunged,  including any  failure of  selection, transfer,  or  accumulation of  commissioned 
service. 

d.  Enclosure (3) is Petitioner's response to  the advisory opinion at enclosure (2).  He 

states that  the needs of  the  Navy  and  the error in  his  record  "can best  be  met  by  entering [his] 
resignation into [his] record  and  Recommissioning [sic] [him] as an  Officer [sic] in  the  Naval 
Reserve. " 

CONCLUSION: 

Upon  review and  consideration of  all  the evidence of  record, and  especially in  light of 
enclosure  (2),  the Board  finds an  error warranting the  following corrective action. 

RECOMMENDATION: 

a.  That  Petitioner's naval  record  be corrected to  show that  he  resigned and  was 

discharged from  the Naval  Reserve on  20 November  1994. 

b.  That  his  record  be corrected  further to  show  he  has  not  been  considered  for 

promotion to commander (remove his  failure of  selection by  the F Y  98 Naval  Reserve Line 
Commander Selection Board, and  remove all record  of  his consideration by  the  FY  03 
Selection Board,  regardless of  the  results). 

c.  That any  material or entries inconsistent with  or  relating to the Board's 

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

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 

&&mw  d (  A 4 . h  
J 
JONATHAN S.  RUSKIN 
Acting  Recorder 

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. 

Miit&& 

Executive  Direct1 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL C O M M A N D  

5720 INTEGRITY DRIVE 

MILLINGTON T N  38055-0000 

5420 
PERS-911 
17 Apr 02 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  Assistant  for BCNR Matters  (PERS-OOZCB) 

Subj :  REQ 
LCD 

RECOMM 
R. ,  USN 

Ref :  (a) BUPERINST 1001.39D 

(b) DD Form 368 
(c) Title 10 U.S.C. 10149 

Zncl: (1) BCNR memo 5420 PERS-OOZCB of  10 APR  02 w/encls 

1.  Enclosure  (1) is forwarded with the following comments and 
recommendations concernin 
from the Naval Reserve ef 
retirement for time spent in the Army Reserve and Arkansas National 
Guard. 

quest for his resignation 
er 1994, and credit towards 

icial record and the information 
unding errors occurring after he 

2 .   An  examination 
provided in enclosu 
and the Army failed to report hls joining the Army Reserve in 1994. 
Our review reveals that LCDR Briggs joined the Navy in 1982, was 
commissioned in 1983, separated from active duty and joined the Naval 
Reserve in 1990, and was promoted to LCDR in 1993. In November 1994, 
he enlisted i 
As a result, 
He continued 
select for 0-5 by the fiscal year 1998 selection board.  In addition, 
his record was later screened for participation in accordance with 
reference  (c), and after failing to respond to official 
correspondence, he was transferred to Standby Reserve-Inactive status 
(USNR-S2) on 1 October 1997. 

promotion and subsequent:ly  failed to 

rve without the Naval Reserve's knowledge. 

never discharged from the Naval Reserve. 

mained in S-2 status until he visited a Naval 
oqrams Recruiter in the fall of 2000 and reauested 
affiliation into the Naval Reserve.  There is no indication that LCDR 
I o r m e d  the recruiter of his service in the Army Reserve and 
Arkansas National Guard at that time. Had he done so, we would have 
confirmed his status in another branch of the service, denied his 
affiliation, and closed out his record after issuing an honorable 
discharge effective 20 November 1994. Instead, because his record 
inaccurately reflected continuous Naval Reserve status, no new 
appointment was issued and he was approved for Selected Reserve 
assignment in November 2000. 

ions regarding his transfer to S-2'and subsequent Naval Reserve 
iliation were conducted in accordance with Navy policy, we believe 
t  the Navy committed no error or injustice in this case.  However, 

4.  Because the Naval Reserve was unaware 
and National Guard service, and because the 
act 
af f 
tha 
his situation must be corrected to accurately reflect both his Naval 
Reserve and subsequent Army Reserve/National Guard service. 
Therefore, we recommend the following: 

rmy Reserve 

b.  We recommend that all service in the Naval Reserve, after 20 

d 12 years of qualifying service towards 

the Naval Reserve prior to his 

a. We recommend approval of his request for resignation from the 
Naval Reserve, with an effective discharge date of  20 November 1994 

November 1994, be expunged from his Naval records, including any 
failures of selection, transfers, and accumulation of years of 
commissioned service. 

c.  Becau 
a non-regula 
enlistment in the Army Reserve and Arkansas ~ational Guard, we 
recommend he contact those organizations to obtain discharge 
certificates and updated statements of service. He could then complete 
service requirements for retirement per 10 USC 12731 with the National 
Guard, or if desired and qualified, request an inter-service transfer. 
If there is a break in service, he can request a reappointment back 
into the Naval Reserve. 

5 .   Because - oneously affiliated in the Selected Reserve 

November 1994 not be acted on by BCNR because this is an Army 
Reserve/National Guard issue. 

in Novembe 
the Naval Reserve until this situation is adjudicated by BCNR. 

he will be prohibited from further participation in 

d.  We recommend that his request for retirement credit after 20 

6.  Point o 
or C 

atter 

Director, Naval Reserve Personnel 
Administration Division