DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 02196-00
15 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 15 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 opinion furnished by the Navy Personnel Command dated
23 May 2000, and the memorandum for the record dated 14 February 2001, 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 opinion. The Board noted that you were free to provide the documents of
concern to you by means of communicating with the
Fiscal Year 99 and 00 Naval Reserve
Line Lieutenant Commander Selection Boards.
Since the Board found insufficient basis to
remove your failures of selection for promotion, they had no grounds to set aside your
discharge from the Naval Reserve on 1 April 2000. 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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
5730
PERS-911
23 May 00
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Via:
Assistant for BCNR Matters (PERS-OOZCB)
--
Subj: R
L
D RECOMMENDATIONS ICO FORMER
SNR
Ref:
(a) BCNR memo 5420 PERS-OOZCB of
U.S. Code, Section
(b) Title 10,
U.S. Code, Section
(c) Title 10,
01 May 00
12465
14505
Encl:
(1) BCNR File No. 02196-00
Per reference (a),
1.
recommen
Former L
past his mandatory separation date.
former L
is reque
enclosure (1) is returned with the
petition be denied.
on in the Naval Reserve
record reveals that he was
was assigned to the Ready
and was placed on the Reserve Active Status List (RASL)
forme
A review of
2.
commissioned a Naval
Reserve,
in June 1989.
boards consider all eligible members of the Ready Reserve.
zones for promotion boards are publishe
are the results of the boards.
correctly considered by the FY-99 and FY-00
failed of selection on each occasion.
Former
Reference (b) requires that promotion selection
essage, as
was
promotion boards and
The
Per reference (c),
a lieutenant who has at least twice
3.
failed of selection for promotion and has completed the
year military service obligation must transfer to the Retired
Reserve,
former LT
service,
Regretfully,
Naval Reserve on 1 April 2000.
and requested,
did not earn any years of qualifying
we were required by law to discharge him from the
he is not eligible for transfer to the Retired Reserve.
or be discharged.
eight-
Because
We find no error or injustice in this case.
4.
address the issue of whether or not all documents were placed
We can not
Subj:
REQUEST FOR COMMENTS AND R
SN
ORMER
before the promotion boards that considered form
and recommend this issue be sent to PERS-86 for comment.
Naval Reserve
Director,
Administration Division
Naval Reserve Personnel
MEMO FOR RECORD
Re: Case of
14 February 2001
Line LCDR
Se1 Rd.
PERS-86 (Naval Reserve officer promotions), says their records show
ot communicate with either the FY 99 or the FY 00
NavalReserve
. 2{
J--?ezz~=z-
-/.
RUSKIN
JONATHAN S.
Head, Performance Section
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