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: 0115 l-00
9 February 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 8 February 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 and 10 May 2000, copies of which are attached.

the
After careful and conscientious consideration of the entire record, the Board found that 
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the advisory opinion
dated 10 May 2000. They were unable to find you reasonably relied on incorrect
information from personnel at the Naval Reserve Personnel Center. In this regard, they
noted you provided no statement from the source of the alleged incorrect counseling,

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  l  IRlOWWlL COMMAND
DRIVE
57tO  
YlLLllDTOl
3805s0000

lITEQUItY  

TN 

 

142 0
PERS-86

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL

RECORDS

Via:

Subj:

Encl:

Assistant for BCNR Matters 

(PERS-OOZCB)

__

REQUEST IC

SNR

(1) BCNR File 00220-00 w/Service Record

We are returning enclosure  
1.
observations and recommendations.

(1)  with the following

equests

removal of two failures of select on the

2.
basis that he was not aware that he would be eligible for
consideration for promotion while in the Individual Ready Reserve
(IRR)  .
He states that he sought guidance from the NAVRESPERCEN
IRR help desk and received improper guidance.

We recommend forwarding this case to NAVRESPERCEN for an

3.
opinion regarding the alleged improper guidance.

In the event that NAVRESPERSCEN determines that improper

4.
guidance was given we would consider recommending removal of the
failures.

However,

mere removal of the failures of select will not
5.
provide the relief sought in this case because, in our opinion,

record will not be competitive for promotion without

Not only must the failures be

observed reports of fitness.
removed,--

but reports of fitness must also be made available.

Since reports of fitness are not available, then the only

6.
relief that may be granted is to provide a period of additional
time that the petitioner can drill as a member of the Selected
Reserve.
Such action can only be possible if the petitioner
requests the further relief of having the record corrected to
show that he was assigned to the Inactive Reserve (S-2) during a
period of time not to exceed three to four years, and a date of
rank adjustment per 10 USC 
constructive reinstatement on the Reserve Active Status-iist. We
recommend that this case be forwarded to PERS-9 for an advisory
opinion regarding the petitioner's status, in the event he
requests further relief.

5 741(d) (3) upon the resultant

In the event tha

granted,further

7.
relief as discussed above, he would then have the opportunity to
return to a drilling status,
may make his record competitive for promotion.

and obtain reports of fitness that

requests and is  

rve Officer

Promotions,
Enlisted Advancement Division

Appointments, and

DEPARTMENT OF THE NAVY

NAVY 

PERSONNEL  

COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN  

38055-0000

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS (BCNR)

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

-REQUEST

FOR COMMENTS

Ref:

(a)
(b)
(c)

BCNR memo
Title 10,
Title 10,

5420
U.S.
U.S.

PERS-OOZCB of
Code, Section
Code, Section

20 March
12465
14505

Encl:

(1) BCNR File No. 01151-00

co

00

Per reference (
1.
petition be denied.
recommendation that
requesting retention in the Naval Reserve vice statutory
separation due to multiple failures of selection.

e

(1) is returned with the

573 0
PERS-911
10 May 00

S

record shows that he was commissioned a Naval

2.
Reserve officer in October 1988 and served on active duty from
October 1988 through March 1993.
he was assigned to the Individual Ready Reserve 
of the Ready Reserve and was placed on the Reserve Active Status
List (RASL).
considered by both the FY-99
selection boards and failed of
subsequently discharged on 1 April 2000 due to multiple failures
of selection for promotion.

as appropriately
tenant commander
0th  times.

While on the 

Upon release from active duty,

He was

RAS

an

(IRR)  component

Reference 

(b)  requires that all members of the Ready

3.
,_including  IRR members,
Reserve
regardless of their participation.
boards are published by ALNAV message, as are the results of the
boards.
eligibility before a promotion board.
individual officer's responsibility to  
for promotion,
status

Naval officers are not individually notified of

be considered for promotion
The zones for promotion

It is ultimately the
be  aware of his Reserve
and to plan accordingly.
of*the  Ready Reserve since leaving

as been a member 

and eligibility

active duty and was therefore eligible for consideration by both
promotion boards.

.
-

. 

Subj:

TIONS ICO

Per reference (c),

4 .
failed of selection for promotion and has completed his 
year military service obligation must transfer to the Retired
Reserve,

if eligible and requested, or be discharged.

a lieutenant who has at least twice

ad earned only five years of qualifying service, he
gible
was honorably discharged from the Naval Reserve on 1

for transfer to the Retired Reserve and

therefore,
April 2000.

eight-

Because

--

Regretfully,
spi.tk  of his excellent record.

5.
in 
in this case.
Commanding Officer,
regarding the alleged erroneous counseling.

we were required by law to discharge

We find no error o
We recommend that his case be forwarded to

Naval Reserve Personnel Center for comment

My point

6.
this case

of contact for further information pertaining to

at (9

. Naval Reserve

Director,
Administration Division

Naval Reserve Personnel