DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 2248-02
10 September 2002
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 10 September 2002.
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 NPC memorandum 5420 Pers 911 of 26 April 2002, a copy of which is
attached.
Your allegations of error and injustice were
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. 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
N AVY PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
COMMAND
Y
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF
Ref:
1533.12F of 14 May 98
(a) CNETINST
(b) 42 COMPGEN 669; B-150780, June 7, 1963
(c) 45 COMPGEN 363; B-158027, December 20, 1965
(d) Title 10 U.S.C.
Encl:
(1) BCNR memo 5420 PERS-OOZCB of 25 Apr 02
1.
Enclosure (1) is forwa
recommendations concerning
Statement of Service for Naval Reserve Retirement by adding 126
days of active duty.
following comments and
request to correct his
As contained in reference (a),
the summer training periods
2.
held annually for NROTC midshipmen students are normally four to
eight weeks in length for each of the three summers a scholarship
student is in the NROTC program.
authorized the summer training of an officer as a non-academy
midshipman as creditable service under section 1405 of reference
(d)
References (b) and
(c)
-
official record shows that he accepted
3.
Review of
man in the NROTC program on September
an appointment
5, 1968, and was later commissioned as an Ensign in the U.S. Navy
on May 20, 1972.
training period required orders.
endorsed upon both his arrival and departure and would be
required when he file
Regrettably,
cruise.
orders, or any other documentation
dates he performed his summer training periods.
claim at the end of the
official record contains no
to support and validate the
As an NROTC midshipmen student, each summer
These orders would have been
We therefore must recommend that
petition be
We can find no evidence to validate any days of active
4.
denied.
duty for his summer training periods, which he reports were
completed while enrolled as a student in the NROTC program.
Therefore, we can not recommend just adding 126 days active duty
to his Statement of Service for his Naval Reserve Retirement
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF
unless we have documentation in order to support and validate the
dates of his summer training periods.
5.
completes 30 years of commissioned service and is
scheduled for transfer to the Retired Reserve on 1 June 2002. He
has accumulated approximately 3800 points towards a Naval Reserve
retirement, which he will become eligible to receive on his 60th
birthday in January 2010.
We suggest he continue to search for
records/evidence of performance of his summer cruises.
points can be credited at any time in the future should such
information be provided to us.
Such
We regret a more favorable response is not possible in this
Point of contact in this matter is Mr.
6.
instance.
at DSN 882-4497 or commercial
Navalkeserve Personnel
Administration Division
NAVY | BCNR | CY2001 | 05391-01
is returned with the recommendation that CAPT sure request, to add 126 days of additional active duty to his Statement of Service for Naval Reserve retirement, be denied. Therefore, this service, when performed, should have been documented in the member's permanent personnel record. s permanent personnel record contains no such orders, nor As an NROTC midshipmen Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS.
NAVY | BCNR | CY2002 | 08012-02
& accordance with administrative regulations and A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. (1) BCNR memo !5420 PERS-OOZCB of 5 Nov 02 Enclosure (1) is returned with the recommendation that CAPT s request to add 30 days of additional active duty to his ement of Service for Naval Reserve retirement, be denied. training periods held annually for NROTC midshipmen students as creditable...
NAVY | BCNR | CY2002 | 04354-02
opinion furnished by NPC memorandum 5420 Pers attached. 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. (c) authorized the summer training of an officer as a non-academy midshipman as creditable service under section 1405 of reference (d).
NAVY | BCNR | CY2001 | 01307-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 May 2001. opinion furnished by BUPERS memorandum 7220 is attached. 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.
NAVY | BCNR | CY2003 | 00497-03
The Board was not persuaded that the contested fitness report was used as a counseling tool, nor could it find the reporting senior engaged in “blatant conjecture” by stating, in section G, that you were absent without authority on one occasion. Per subparagraph S001.3e of reference (b), a mark of unsatisfactory” in Item K3 does not constitute new adverse mateial when the Reporting Senior has already marked the Marine reported on adversely in one or more attributes in Sections D through H....
NAVY | BCNR | CY2000 | 06868-00
In the case of disability, the DD 214 will show active duty for only the period for which the member was ordered to active duty for training. The DD 214 will be issued to: (1) Personnel Released from Active Duty. The form will be prepared for personnel being separated from a period of active du* for training, full-time training duty, or active duty for special wo&k when the period of service was 90 days or more.
NAVY | BCNR | CY2001 | 08507-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 June 2002. The Board does not grant the naval flight officer (NFO) designator to an officer who has never held it, as they consider this a matter for cognizant naval authorities. He was promoted to the rank of Commander in November 2000 and has completed more than 18 years of qualifying service towards retirement.
NAVY | BCNR | CY2002 | 07736-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 14 May 2002 7736-01 Chairman, Board for Correction of Naval Records Secretary of the Navy RECORD OFH (a) Title 10 U.S.C. Therefore, the Board concludes that the recoupment action should be suspended until he completes the two year active duty requirement he incurred while in NROTC. RECOMMENDATION: That Petitioner's naval record be corrected to show that a. recoupment of his...
NAVY | BCNR | CY2002 | 05388-02
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. - Inactive) status when you were Sl (Standby-Reserve Active) status on 6 August 1996, as you had expressed no The Board found it would not have been appropriate for cognizant naval authorities to bring up the possibility of transferring you to S2 (Standby Reserve transferred to interest in...
NAVY | BCNR | CY2001 | 02243-01
~ l l members of the Ready Reserve (including the Individual Ready Reserve) are required by law to be considered by promotion boards, whether or not they are actively participating. Per Title 10, U.S. Code, Chapter 1407, a lieutenant commander who has at least twice failed of selection and has completed 20 years of commissioned service must transfer to the Retired Reserve, if eligible, or be discharged. 0 was notified, per reference (c) , that he had become subject to the attrition...