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
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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
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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
__
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