DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

BJG
Docket No:  
10 December 2002

4456-00

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.

Corps.(MSC) Captain Selection Boards; special selection board
Naval Reserve MSC Captain Selection Board, by which you

You requested, in effect, removal of your failures of selection by the Fiscal Year (FY) 2001
through 2003 Medical Service  
consideration for the FY 2000  
were not considered; and amendment of the remedial memorandum now in your naval record,
stating you have served on active duty continuously since your discharge from the Regular
Navy on 31 January 1990, to show you are “USN” (United States Navy) vice 
(United States Naval Reserve); delete reference to discharge; and modify the fitness reports
you received while on inactive duty.

“USNR”

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 4 December 2002. 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 opinions furnished by the Navy Personnel Command 
10 August 2000 and 11 January 2001, the memorandum for the record dated
18 October 2002, and the NPC electronic mail dated 18 October 2002, copies of which are
attached. They also considered your undated rebuttal letter, your letter dated 4 June 
with enclosures, and your letter dated 21 June 2001 with enclosure.

(NPC) dated

2001

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.

The Board substantially concurred with the comments contained in the advisory opinion dated
10 August 2000 concerning your contentions that you improperly missed the FY 2000 Naval
Reserve MSC Captain Selection Board, and that you should have been deferred from the FY
2001 MSC Captain Selection Board. They found no unfairness in your consideration by that
promotion board, which convened on 18 January 2000, less than five months after your actual
return to active duty on 31 August 1999, noting you received a fitness report on
7 January 2000 for your active duty from 31 August to 31 December 1999. They noted your
consideration by the FY 2001 MSC Captain Selection Board was not merely above zone, but
above zone not previously considered.

The Board found their approved action in your prior case, docket number 7502-96, was not
properly implemented before your consideration by the FY 2001 MSC Captain Selection
Board; specifically, your record did not clarify that you were to be treated as having served
on active duty as a Naval Reserve officer continuously since your discharge from the Regular
Navy on 31 January 1990. However, they found you did not exercise due diligence to check
your record. They noted that the NPC corrective action was effected by 12 April 1999, and
that the FY 2001 MSC Captain Selection Board convened on 18 January 2000. They
concluded you had time to take appropriate action concerning the improper correction of your
record.

The Board found your record still was not properly corrected for the FY 2002 and 2003 MSC
Captain Selection Boards, noting that. the remedial memorandum was not filed until after these
promotion boards had met. However, they found you could have communicated with these
promotion boards to ensure they were aware of your correct status between your discharge
from the Regular Navy  and your restoration to active duty on 31 August 1999.

The Board was not convinced that the letter-supplement of 17 May 2001, concerning your
2oo0, should have been available to the FY 2002
fitness report for 1 January to 31 August 
MSC Captain Selection Board, which convened on 22 January 2001.

Finally, the Board found their remedial memorandum should not be amended as you
requested. While you are currently a Regular Navy officer, the memorandum correctly
identifies you as 
“USNR,” as your status, when the Board ’s prior action was approved, was
that of a Naval Reserve officer on active duty. Their approved recommendation that you be
nominated for a Regular Navy appointment did not, in itself, make you a Regular Navy
officer. They found the memorandum correctly references your discharge from the Regular
Navy, as your corrected record should show you were commissioned in the Naval Reserve on
1 February 1990, after your discharge from the Regular Navy on 31 January 1990. In regard
to your inactive duty fitness reports, recommendation j of the Board ’s prior approved action
specifically provided that all fitness reports you received in the Naval Reserve after your
discharge from the Regular Navy on 31 January 1990 and before your return to active duty
were to be retained in your record. No amendment of these reports was directed.

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. 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

tiEPARTMENT OF THE NAVY

BUREAU  OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

,

L/q_@-&+

5420
Pers  85
10 Aug  
00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via,:

BUPERS/BCNR Coordinator (PERS-OOZCB)

Subj

:

C

MSC, US

Ref:

(a) BCNR Docket No:

7502-96 dtd 25 Jan 99

Encl:

(1) BCNR File

1.

Enclosure (1) is returned,

recommending disapproval of

request for removal of his failure of selection

the FY-01 Active Duty Captain Medical Service Corps

before
Promotion Selection Board and disapproval of his request for a
FY-00 Inactive Captain Medical Service Corps Special Promotion
Selection Board.

as considered by the FY-01 Active Captain

Service Corps
previously considered  
not above-zone as he states in enclosure (1).

Promotion Selection Board as above-zone not
- this equates to in-zone consideration,

Additionally, CDR

s assertion that PERS-85 unilaterally ignored the

erment provision

in BUPERS Order 1806 is incorrect.

action contained in reference (a) stated that
record be corrected to show that he has
active duty in the Naval Reserve since his discharge from the
Regular Navy.
removing his DD-214,
Active Duty,"
that he
should have been deferred is in direct contradiction to  
directed correction.

Additionally, his record was corrected further by
"Certificate of Release or Discharge from

active duty on 31 August 1999 and therefore

showing that he never left active duty.

'entered'

serve

His claim

BCNR's

The BCNR
L.

The record corrections were granted by BNCR on 25 January

3.
It is our 0
00 Inactive Cap
Board.
1999, per reference (a).
were completed .by PERS-851 on 5 April 1999 to adjust his
precedence number and the officer master file (OMF) showing
continuous service on active duty.

All administrative and BCNR actions

s not entitled to a 
Special Promotion

This record correction was

FY-

n Selection Board on 10 May 1999, thus
neligible

made prior to the convening of the FY-00 Inactive Captain Medical
Servi
makin
4.
Recommend disapproval
of his FOS and a special b
additional opinions are needed regard
eligibility.before
Corps Promotion Selection Board.
.

 the FY-00 Inactive

for that board.

est for removal
ted if

vice

BCNR Liaison,
and Enlisted Advancements
Division

Officer Promotions

iDEPARTMENT OF THE NAVY

BUREAU  OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

,

5420
Pers 85
11 Jan 01

MEMORANDUM FOR THE

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Via.:'

BUPERS/BCNR

Coordinator (PERS-OOZCB)

MSC, U

Ref:

(a) BCNR   memo 5420 PERS-OOZCB   of 10   Jan 01

Encl

:

(1) BCNR File 04456-00

is returned,
official record that went before the FY-01
cal Service Corps Promotion Selection Board

recommending no action.

A check

any BCNR action report filed in his record.

only indication of any BCNR action was the presence of a
memorandum in lieu of fitness report for the period of 21
November 1987 to 2 December 1988

.

The

s

BCNR Liaison,
and Enlisted Advancement
Division

Officer Promotion

s

MEMORANDUM FOR RECORD

18 October  2002

Corps officer who
action, and is to face an active  duty promotion board within one year after returning to active
duty,  M arine Corps practice is to grant the officer deferment of consideration by
promotion board.

the

 

vised that  in cases where a  M arine
nstated to active duty by BCNR

_

l

A

_~_  
&ad, Performance Section

rrr

 

.

,,

Ruskin.  Jonathan S

From:
Sent:
To:
Subject:

CNR was received by  
ligible for the reserve board had it not directed that

PER.?8@  in April 1999.

The 

officei

1

the
officer be considered as never being a reserve officer.
Captain
Staff Board convened on 10 May 1999 with the zone being Senior in Zone 
Jul
1994 Junior in Zone 1 

Ott 1995 (ALNAV 

(Reserve

097/98))

He did not go before the active
zone
for because of the late arrival
convened 8 February 1999).
so
the officer was placed as admin
the
FY-01 board.

The

FY-00 boar which he would have been in

of the BCNR findings (April 1999 board
findings did not direct a special board,

in zone not previously considered for

I apologize for the miss information I provided yesterday

1