DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
HD: hd
Docket No: 03638-02
22 November 2002
Dear Lieute
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 2 1 November 2002.
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 24 June
and 23 July 2002, copies of which are attached.
Documentary material considered by the Board
Your allegations of error and
E3oa.rd found that the
After careful and conscientious consideration of the entire record, 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 dated 24 June
The names and votes of the members of the panel will be furnished upon request.
2002. Accordingly, your application has been denied.
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 NAV
N AVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
D
542 0
PERS-911
24 Jun 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
REQUEST FOR COMMENTS AND REC
NC, US
(a) 'BCNR memo 5420 PERS-OOZCB of 5 Jun 02
(b) Title 10, U.S. Code, Section 12203
(c) Title 10, U.S. Code, Section 12683
(d) SECNAVINST
1000.7D
Encl:
(1) BCNR Docket No: 03638-02
Per reference (a),
enclosure (1) is returned with the
1 .
following comments and recommendation concerning
request that her date of transfer to Standby Reserve-Inactive
(USNR-S2) status be changed from 31 August 2000 to
1997 and all failures of selection
that date be removed.
for.promotion occurring after
12‘ August
ecord reveals that she was
A review
2.
commissioned
ve Nurse Corps officer on 31 July
1989 and served on active duty from August 1989 until July 1993.
After her release from active duty, she entered the Individual
Ready Reserve
the Naval Reserve.
promotion to Lieutenant Commander on three occasions.
August 2000, she was transferred to Standby Reserve-Inactive
(USNR-S2) for not meeting minimum participation requirements.
To date, she remains in USNR-S2 status.
years,
retirement.
(IRR) but did not become an active participant in
she failed of selection for
On 31
11 months and 18 days of qualifying service towards
She has earned three
Subsequently,
Per reference (b),
3.
for an indefinite term and are held at the pleasure of the
President.
They do not expire at the end of the military
service obligation.
may only be separated, without their consent, under certain
Naval Reserve officer appointments are
Per reference (c), Naval Reserve officers
Subj:
R COMMENTS AND RECOMMENDATIONS.
Separation of an officer is normally
limited circumstances.
accomplished by recommendation of a board of officers convened
by the Secretary of the Navy, except in cases of age, years of
service and/or failures of selection,
or separation for cause.
physical disqualification,
None of these exceptions applied to LT
All members of the Ready Reserve (including the Individual
4.
Ready Reserve) are required by law to be considered by promotion
boards, regardless of their active participation.
promotion boards are published by ALNAV message, as are the
results of the boards.
It is ultimately an officer's personal responsibility to be
Officers are not individually notified.
The zones for
status and to plan her career accordingly.
a member of the IRR from July 1993 until August
was eligible for consideration by promotion
2000 and, as such,
selection boards.
Because of the
"grandfa.thering" provisions of the Reserve
5.
Officer Personnel Management Act (ROPMA)
from promotional attrition and remains e
There is also sufficient latitude in
Naval Reserve service.
ROPMA to allow other branches of the Armed Services to appoint
her, if a conditional release is granted by Navy.
does not allow us to grant conditional releases to reservists in
a failed of select status.
out of date (promulgated in 1985) and flawed. Therefore, we will
seek a change to the instruction to remove the restriction. In
the interim,
conditional release,
service branch.
we recommend that BCNR direct that we issue a
However, we believe this guidance is
eks appointment in another
,s exempt
ntinued
Reference (d)
We found no evidence of an error or injustice i
we recommend that her petition be
6’ .
case and therefore,
disapproved.
Please c
7.
any further
$&you have
aval Reserve
Director, Naval Reserve
Personnel Administration Division
LZPARTMENT OF THE
NAVY PERSONNEL
COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
NAVr
5420
Pers-8 0
23 JUL 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Ref:
(a) Pers-911 letter of 24 June 02
Encl:
(1) BCNR Package
Enclosure (1) is forwarded, with concurrence with the
1.
recommendations from Pers-911 made in reference
(a).
. Naval Reserve
Career Officer
Progression
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