DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

HD: hd
Docket No: 05388-02
7 November 

2002

NR

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 7 November 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 dated
12 August and 1 October 
your letter dated 28 October 2002 with enclosures.

2002, copies of which are attached. The Board also considered

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 advisory opinions.

- 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 transfer to S2 status; these authorities had no reason to believe you might be a
proper candidate for such transfer, as they had no basis to expect you could not continue to
participate actively in the Naval Reserve; and they had no reason to expect you would have
been interested in such transfer, as it would have made you ineligible to earn reserve
retirement point credit. The Board noted you were later offered transfer to S2, but chose to
remain in an active status. You do not specify the person or persons at “MILPERS” who,
you assert, told you that you should have been in S2 status. While your failure to earn 27
points in your first year with the FBI could have been used as a basis to transfer you to S2
status, the law did not specify when your removal from active status was to be effected; and

for reasons indicated above, it would not have been clearly in your best interest to transfer
you to s2 status. Finally, the Chief of Naval Personnel letter of 6 August 1996 specifically
stated you would be eligible to be considered for promotion, so you should not have accepted
the erroneous advice you say a Miami recruiter gave you, to the effect that your inactivity
would make you ineligible for promotion consideration.

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

DEPARTMEN;  OF   THE NAV Y

N AVY PERSONNEL COMM
MILLINGTON TN 38055-0000

5720 INTEGRITY DRIVE

AN D

542 0
PERS-911
12 Aug 02

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

REQUEST
LC

FOR COMMENTS AND RECOMMENDATIONS

'USN

ICO

(a) BCNR  memo 5420 PERS-OOZCB of
(b) 
(c) BUPERSINST 
(d) CHNAVPERS

DOD  Directive 1200.7
1001.39C

ltr 1321 PERS-911

29 Jul 02

of 6 Aug 96

Encl:

(1) BCNR File 05388-02

Per reference (a),

1.
following comments and recommendations concerning LCDR

enclosure (1) is returned with the

request that his failures of selection for promotion

to Commander be removed and his record be changed to show that
he was transferred to Standby Reserve-Inactive (USNR-S2) vice
(USNR-Sl)  status on 6 August 1996 to
Standby Reserve-Active
present.

A review of  LCD

record reveals that he was
2.
commissioned as a Naval Reserve officer in September 1982. He
served on active duty from April 1982 until January 1994 when he
was separated from active duty and began drilling with the Naval
Reserve.

He drilled in the Naval Reserve until June 1996, at
e he ceased all participation in the program.
has earned 14 years, eight months, and 18 days of

LCDR

qualifying service towards retirement.

In July 1996,

3 .
as considered a Key Federal
notified us  that LCD
rences
Employee.
transferred him to Standby Reserve-Active

the Federal Bureau of Investigation (FBI)

(b) and (c) we

(USNR-Sl)  status on 6

Per reference (d),

96.
of his transfer to Standby Reserve-Active  
articipation  requirements

we notified the FBI and LCDR
(USNR-Sl)

for remaining in that status,

and his eligibility for consideration by promotion selection
boards.
had questions about  

We also included a telephone number to contact us if he

the transfer or his Naval Reserve status.

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATIONS  
LCDR

SN

ICO

Placement in 

It is important to note that in 1996,
4.
earned almost 15 years of qualifying serv
Reserve retirement.
option available that would allow the member an opportunity to
continue completing the additional years of service needed to
qualify for retired pay at age 60.
been earned via non-pay assignment or correspondence course
the member did not take
completion.
advantage of either of these opportunities.

For reasons unknown,

USNR-Sl  status was the only

Retirement points could have

we notifie

August 2000 and September

at he was not meeting the

On three occasions (December 1998,

transferring to Standby Reserve-Inactive (USNR-S2) status,

5.
2001),
minimum participation requirements and that we would transfer
him to Standby Reserve-Inactive (USNR-S2) status if he did not
respond to the correspondence.
offered him the options of remaining in an active status  
Sl),
or resigning his commission.
for him to contact us to discuss his status.
the first two notifications indicating that he desired to remain
we kept him in the Standby
in an active status.
Reserve-Active ( USNR -Si).
2001  correspondence and therefore, transferred him to the
(USNR-S2) on 1 November 2001.
Standby Reserve-Inactive

On those three occasions, we

We did not receive a response to our

We also provided telephone numbers

He responded to

Accordingly,

(USNR-

’

LCD
we

Regrettably, LC

petition be
ro

We properly transferre

We strongly recommend that
In reviewing this case,

USNR-Sl  status provided him with the
requirements

6.
denied.
on the part of the Navy.
to Standby Reserve-Active (USNR-Sl) when he was
Key Federal Employee.
opportunity to complete
retirement.
participation standards in t
appropriate written counseling and took transfer action in
accordance with applicable
step in the process is
by a Mobilization Disposition Board in January 2003.
has twice failed of selection to Commander and is ineligible for
further active reserve service,
that he be Honorably Discharged,
Navy approval.

for a Naval Reserve

the Board will likely recommend
subject to Secretary of the

The next
regulations.
's record to be reviewed
Because he

iid  not maintain minimum
We followed-up with

.

for

2

Subj: R

L

If approved, he will be discharged no later than 30 September
2003.

7.
CD

please contact

Naval Reserve

Director,
Personnel Administration Division

Naval Reserve

DEPARTMENT OF THE NAV
NAVY  PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Ref:

Encl:

Assistant for BCNR Matters, PERS-OOZCB

RECO
USNR,

(a) BCNR memo 5420 PERS-OOZCB of 05 SEP 02
(1) BCNR File  05388-02

542 0
PERS-80
I, OCT
‘0 

2002

request.
The
t for Commander

& to 
.3ir
&p

!%L back dating it to
*2&++

Per reference (a) we are returning enclosure (1)

1.
recommending  that you disappr
member requests removal of hi
and 
6 Aug  1996.

to,have  his status changed from  

laims in his request that he was not properly
g the differences between  

2.
co
We concur c
believe tha
adequate co
The letter from PERS-911 dated 6 Aug 96, which he himself
enclosed in his BCNR request,
to maintain a certain number of drill points per year, that he
would be considered for promotion,
if he had questions.

Sl and S2 status.
e response composed by PERS-911 and
id in deed receive substantial and
his status in the Naval Reserve.

clearly explained that he needed

and provided numbers to call

d not  continue his Naval Reserve career

failure of

kkr er Progression

eserve

Officer
Division