DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No:
22 November 2002

1832-02

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.

c

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
In additioh, the Board considered the advisory
and policies.
opinion furnished by the Navy Personnel Command, a copy of which
is enclosed and your rebuttal thereto.

Documentary material considered by the Board consisted of
together with all material submitted in support

Your allegations of error and

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 considered several possible corrections that

The Board noted that you were improperly commissioned from the
Fleet Reserve and could not complete the 10 years of commissioned
service, required by 10 U.S.C.
officer.
would allow for you to retire as an officer but none of the
possibilities was considered appropriate to your situation. It
is clear that the Board cannot correct your record if the
correction is contrary to law.
substantially concurred with the comments contained
advisory opinion.

6323, needed to retire as an

Therefore, the Board

in the

Accordingly, your application has been denied.
votes of the members of the panel will be furnished

The names and

upon request.

The Board is aware that there may be several other officers in
your situation.
Therefore, it may be appropriate to request
private legislation to allow you and others similarly situated to
retire as an officer.

It is regretted that the circumstances of your case are such that

You are entitled to have the
favorable action cannot be taken.
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

Enclosure

2

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vm 

38055~OQOQ

Defense Finance
Cleveland Center

and Accounting Service

PERS-822/Ser  028
17 

Ott 200

1

RELEASE FROM ACTIVE DUTY  
RESERVZ

IN CASE 

-OF

AND 

TRANSFER,TO  THE FLEET

: .

USC  6323
!a!  10 
(bj  
BUPERS  ORDER
(c)  10 USC   6330

From:
To:

Subi:
-,

Ref:

1.
You are not eligible to retire as an officer because you
have not served at 10 least years of commissioned service as
required per reference (a).
to read Release From Active Duty Orders and Transfer to the
Fleet Reserve effective 1 August 2001.

Therefore reference  

(b)  is modified

Effective 31 July 2001,

your status on active duty was
2.
terminated and on 1 August 2001 you were transferred back to the
Fleet Reserve under the provisions of 10 USC 6330 (reference
(c))  in the grade of Hospital Corpsman Senior Chief (E-8) with
retired pay of that grade.
or Discharge from Active Duty will be modified to reflect a
separation code of VBK  

- completed required active service.

Your DD 214 Certificate of Release

copy to:

NRPC,
Service Record

New' Orleans

DEPARTMENT OF THE NAVY
BUREAU OF   NAV AL  PERS ONN EL

5720  INTEGRITY DRIV E
MILLINGTON TN 38055-0000

7220
PERS-822
1  Aug 02

MEMORANDUM FOR EXECUTIVE DIRECTOR

NAVAL RECORDS

I BOARD FOR CORRECTION OF

Via:

Ass

stant for BCNR Matters,

PERS-OOZCB

Subj

:

Ref:

ION ICO

(a)  NPC memo 5420 PERS-OOZCB of 25 Jun 00
(b)  10 U.S.C. 6323

Encl:

(1) BCNR file

Reference (a) request comments and recommendations in

1.
subject's case.
as an officer.

Specifically,

Petitioner requests to be retired

(b)

requires 

TO  years active commissioned service

Reference 

2.
to retire as an officer.
request was erroneously processed through PERS-822; while
correcting that error,
Navy as an officer while a member of the Fleet Reserve and only
served 5 years,
service.
he does not qualify to retire as an officer due to serving less
than 10 years active commissioned service.

5 months and 27 days active commissioned

Even if he was legally commissioned in February 1996,

original retirement

it was discovered he was brought into the

Recommend 

3.
Reserve, receiving retirement pay based on his total active duty
service including his commissioned time.

v continue 

as a member of the Fleet

Ass t Branch Head,
Officer Retirements

Executive Director
Board for Correction of  Naval Records
2 Navy Annex
Washington, DC 20370-S 100

Re:

(1) Docket No. 01832-02
(2) Yr ltr TRG:jdh, dtd 9 Aug 02 with enclosure

Dear Director.

Thank you for allowing me to read the response from the Assistant Branch Head of Officer
Retirements regarding my Application for Correction of Naval Records (DD Form 
opportunity to submit a further statement.

149), and the

fi_n-ther “evidence” of why I should be retired as 03E that was not

Unfortunately, I cannot submit 
included in my request I would like to submit a further statement regarding the ‘legality’ of my
commissioning. The process of my selection for commission was not done covertly. I was
screened by committees and boards and selected based, I would suppose, on the information I
supplied as well as my personal record, which did not hide but pointed sharply to my service of
twenty-one years as an enlisted member of the United States Navy. Each person along the way,
and some called me personally to talk, seemed to think that prior service would greatly enhance
my service as a naval chaplain.

If I indeed do not have the 10 years required to retired as an officer, I certainly have the more
than thirty years total active and inactive service to allow me retirement at the highest grade
served, that of Lieutenant, Chaplain Corps, United States Navy. I do believe that I have earned
truly be negated and my commission rescinded, I would
this retirement. If my commission is to 
hope fairness on the part of the United States Navy 
Chief Hospital Corpsman (Surface 

Warcare), and retire me at E-9.

wou!d 

at the very least advance me to Master

Thank you for the attention you have given to my case. I appreciate it from the depths of the salt
water that runs through my veins.