DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
2 NAV Y ANNE X

S

‘WASHINGTON DC 20370-510

0

HD: hd
Docket No: 042 19-01
27 February 2002

SNR

Dear Commande

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. You requested correction of
your naval record to show you were given a chance to accept a Regular Navy commission
before your release from active duty on 6 June 1995.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 22 February 2002. Your allegations of error and
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 opinion furnished by the Navy Personnel Command dated
11 July 2001 with enclosure, a copy of which is attached. The Board also considered your
letter dated 27 August 2001.

Documentary material considered by the Board

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. They noted that both the current version of the Naval Military
Personnel Manual and the version in effect at the time (article 1020120) stated that
procedures 
are contained in Secretary of the Navy Instruction
application has been denied. The names and votes of the members of the panel will be
furnished upon request.

“reouesting “[emphasis added]” transfer to the Regular Navy without board action

 

1210.5A.l’ In view of the above, your

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

Enclosure

DEPARTMENTOFTHENAV
NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

5420
Ser 
11 Jul 01

811C/lU185

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Via:

PERS/BCN Coordinator (PERS-OOZCB)

Subj:

CD

MSC

Ref:

(a) MILPERSMAN 1131-020
(b) SECNAVINST  
1210.5A
(c) PHONCON NPC (PERS-811)

22 Jun 01

Encl:

(I)

Memo fro

c 

.

dated 25 Jun 01

References (a) and  

1.
appointment in the Regular Navy of Reserve and Temporary
Both references require members to submit an
Officers.
application in order to be considered for transfer or
redesignation.

(b) outline policy and procedures for

An appointment

2.
after:

without board action can only be tendered

(a) The member submits a request,
(b) A Regular Navy vacancy is available and
(c) Senate confirmation occurs.

onfirmed  in reference (c) that he did not submit an
application for transfer to the Regular Navy during his General
Recall 
no error or injustice to the member as implied in the BCNR
application.

Because of this oversight, there was

(92JUN24  

- 

95JUNO6).

Enclosure (1) further explains

3.
of applicable references however, it is unfortunate that he did
not request transfer to the Regular Navy while in an eligible
status.

interpretation

If you
4.
contacted a

n be

Procurement Branch

Subj: BCNR docket 
Rd (a)  

number 4219-01
MILPIZRSMAN  113  l-020
( b ) 
1210SA

SEZNAVINST  

_

1. 

P~outphonconofFriday22June,Iam~boyoorefaences (a) and 
all of 

maphs  of both 

the appropriate  

tit3se references that I believe 

kxtions  or 

I have 
me

(b). 

circled

* 
IQv@‘P

fJ

orden  (active duty list) at  Naval  Ho

tlie 

ti Policy 
camrmissioacd 

active  duty list 

wz& 5
2.
kagrphjl(of  
on 
yuusofactive
action” AU prior 
“muy apply.,. 
fefkrfznce  (a) 
of 
paragraph  4 as it applied 

wiihaut 
for both 

pzaag@u  of 

bobrdbction”. At 
bwrd 

‘knhoul  

in 1994. (above 

don of 

refkeme (a) indicates 
&al 
lie&w commander.. 
w ho 
, 

other  

U All 
have completed 

I?ser&  

selected  far 

sdvict will be 
ref~oe  (a) 

&g&u 

@red 
indicate 
here is M 
” 
 
asd 
ac ti o fl
itaIic3  
81re 

OfEccrs  in 

ointments  without 
vaiious  
contextual  
absence of “may 

Reserve  
the cl&&ion and  
the 
mine).

specific 

OfCxfs
frt least 3
baord

stafTcofps
meaning
a&y” in

@dim 
3. On page 3 
Navy states 
that 
apFal of the 
the 
uction 
oficers 
must 
relearedfiwn  

board 

atxept  a 
a&e 

%) of 

reference 
“‘~al@dResrrve 
CNO, be 
refeed to 

above...  

Regkr 
CLrty . . . on 

‘I_

OIX 
a- 
qnktion 

DwnsfTdjlvm  the 

(b), the approval of 
C@cers in 

transfers 

f?om Reserves to Regular

thefifhutng  
Rexn~ 
Nav@ 
pegc 4 
(s+ion 
tfterukr4  
@active  
du4 

it 
concumznl  
ugreenenl.  

curegories 
inlo the 
9a3), 

may. with the
Nary 
“ . . . such

Regular 
that 

st&s 
with~moiion  or be
” (above 

italics 

artz 

withoul

XXI&).

4.

5. 

6.

tmdfxed a 

Regular Officer appointment

I was never 
Attb3ttbIk~IbdUlCtdCQditiO4lSofi=hFUWS
appointm&  without 
3ycaIsofac%ivc
1994. 
DD214, active  

duty promotion board results,

Mystalusin  1994 

etc.).
 

board adiw: I was a  Reserve Officer on  

the active duty  list with at least

ccUmnkGoRedserviccwhcilIwasscl~fmlieut~colmnandcrin

isverifiedby~t~,~previoas~senttoBCNR(c.g.,

concurrenf  
 

with my 

prumolkm in 1994.

(a)sod@~kbbeofCrcdaRqkk

s&m&

apprdmatdy 

With 
1994)Iwesinformcd~asartcsllcdrcscrvisSIbadtoinitiatesreqestforreleaseficom
active 
yc+arrecau:

rcmai&gcwmygcneralrecallonbs(~einlate

duty; the release 

recaIl  was 

Jnne 1995 

efikctive  

general  

from  

at end of three

date 

&is 

-

ail

Regularappointmentswithout board action. ForYG97 and later Reserve
Officers, this regular commission will be received automatically at the time of

Procedures for requesting transfer to the Regular Navy without board action
are contained in  

SECNAVINST  

10.5A.

12 

Eligibility
Requirements

Regular and temporary officers are eligible forpermanentappointment  in the
Regular Navy who:

Are citizens of the United States.

sexvice, shall equal not less than 20 years upon

pf such an age that their active commissioned service, including prior

Are 
active commissioned  
attaining the age of55 years. Officers of the
Nurse Corps and Allied Science Officers of the Medical Service Corps must
able to complete 20 years active commissioned service prior to attaining
be 
the age of  
(CWOs)  must be 
atlaining the 

able to complete 20 years total active  

chief warrant officers
service prior to

 
Medical, Dental, Chaplain, and

60 years. Limited duty officers

@DOS) and 
 

age of 62 years.

.

Meet the following minimum service requirements:

-

.-

SECSAVINST  

1110.5A  
18 October 199

CH-2
1

(6)  Must meet

  such 

addItiona criteria as

may be prescribed by the Chief of Naval
Operations.

a. Transfers from the TAR program

not  reduce TAR strength in the losing
tlve category or
its 

a._tihorized TAR strength.

unrestncred  line designator

 

 

 

musi

compeli-

 

belo\\

i. Officers applying for transfer or

nation to TAR status
requirements of subparagraphs
(4) and be qualified for assignment to sea duty.

  must meet the  

 

6a(l), (3) and

 redesig-
eligibtlity

7.  Inactive-Duty Officer

s

a.  Reserve officers and Reserve

on active duty are not
tion for transfer into the

 

LDOs not
 
eligible under this instruc-
 Regular  Navy.

(1) Reserve officers who

  are not on the
no[ request transfer into the
  they have been recalled from
list
 least  1 2

actjve-duty list  may 
Regular Navy until
the Reserve component to the
 
and have served on active duty for at
months, excluding all periods of duty under in-
srruction in  
wise satisfied the criteria of subparagraph 6a.

exce& of 30 days, and have

active-duty 

. 

.

 

orher-

f

b. Transfer from the Regular

>a\,) 
comperitive 
unresrricted line designator below its author-

 

 

not
muhI 
categor)

reduce strength in the losing
or 
ized strength. increase promotion
reduce promotion flow point
comperiuve 
full Regular authorized
grades in the losing

categur). or prevent

 

 

opportunlt> or

 
In the  

 

losing

 

altatnment 

of

strength in the career

compeurive 

category.

c. 

Applicants for   such 
ihe eligibility requirements in

transfers must meet

 subparagraph 

6a or

 

below, all transfers and

Except  as provided for
redesignations of officers under this instruction
shall be made following
the 
Transfer/Redcsignatlon Boards
Chief of Naval

approbed reports of
by 

Operarions 

appoInted 

(CNO).

 

 

 

the

1

(2) Reserve  

LDOs who are not on the
 
appolntmenr as a Regular

Into the

Kavy and  

1~ may not request transfer

actrve-duty 
Regular 
temporary LDO until they have been
from the Reserve component
 
list and have served on active duty for a:
12 months. excluding all
insimction in excess of 30 days, and have
otherwise satisfied the
subparagraph 

6e.

 

 

 
recallrid
to the active-duty

 
lea.\t

period.+ of duty under

ellgibilri), criteria in

b. 

Sectron 1331 of reference (

I) provides
for retired pay   benefits upon application for any
member or former member of a Reserve compo-
nent who has completed
qualifying service.
service must be performed as
Reserve component.

  The  last  8 years of qualifying
o[ a

  at least   20 years of

a member  

 

8. Training and Administration of Reserves
(TAR) Officers. Transfers may be made be-
tween the Regular Navy and the TAR
subject  to  the 

irmkations:

followrng 

  program

 

officers 

I” the  
wi[h the approval of the CSO.
Reserve 
action referred

Into 

 
 

I!W

fullo\ring

provided Regular officer authorized

a.  Oualilied Reserve

Sat,), without the board

rn;lx. 

calego:ic> 
be transferred from the Naval
Regular 
to 
ahove. 
strengths 
permit 
categories 
force  and 
/ _4.’ 
kracraph 

Qualified 
~‘111 bc  
t5. career  

within the  

given 

force 

Rr.scrve officers
appuinled to  

compctltlve 
In 
rnrcc  
ohleclibes 

catrgor:,
these
Regular
nutlined in

 

(I) Distinguished  

Ka\,al Graduates

officers have the option of

(DNG). Such  
accepting a Regular appointment uhen tendered,
or 

rrttainmg their   Reserve appointment.

 

active-dull
Advocate

 

(2) Reserve officers on the

Ivledical. Dental and Judge

lict in rhe  
General ’s  Corps who are selected for and
promoted to the grade of commander or
per the recommendations of an
 
promotron board convened after the effective
date of  
 
‘at 

thts instruction and who have

least 3 years  

of active commissioned service

 
abo\,e
 
acuve-dut)

completed

-

promorlor.. Such officer

\
if tendered.

telectlc,n for  

Regular appointment, 

prior  IO 
mutt accept  
concurrent 
dul) 
actI\:tt 
scrvlce Incurred or on

3 
u.l:h promotion or  
un completion
01 
 

 

be released from
anv 

ohlIgated

expiration of 

an!

(3) 

All 

other 

Rcser\fe 

officers on th

e

 

lIeutenant commander

recommendarlonr; 

of an

promotIon board  

cctnvenrd after

 

I and
ilctI\‘c  
prc~molwn

~110 

t1;1ve 

completed  

cornrnt\\tonrd  

ser\Lce 

ar
prior

Such 

offlctrrs 

 

198 
of 
 

ahu\,e per the  

Srprrmher 
year> 
selectron  for

moted to the grade of
or 
actl\e-du\! 
I5 
Iras~ 3
10 
accept a  
$
cclncur 
rn, 
JLIIV~ 
c.li~:t 
~icr\~cc Incurred or on
actlvc-duo  
cannc,l 
utlo 
RL,g,ul.lr 
actl\c-durx 
tier,
\< 
FrJdc 
Rcpular  
ofllcrr\ or

Regular 
\<1[11 
or* 

lo 

11-t 
L!rerrlgih  
 

agrrernen!
r!hl~lrl  

appolntnlcrll. if tendered.,

prrlrrlc,llc,n or he
ccllnptrllon  of
 

 
Jn\ 

relcaul[ of
rrquirlng

In

(4) 

Offrcrrc  

in 

hc 

rt!de\tgnared  

folloulng

dl\enrotlmenr
programs

from Initial warfare

 

traInin&

dn 

unrcvrlcied  

(Sk 

Oflicer* 
line 

rrdcslgnakrd  
wrfare  

de\. 
Such 
accrpr a  

Recul;lr 

officer\ 

Propul\lc)n  
ofl~crrr 
who 

Officer Candidat
succeshfulh

power 

 
undr: 

tralntng pipeline.

slp,ned agreement.
\!hen tendere

d

appoln!men\ 

e

__