Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 05415-02
Original file (05415-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

JLP:ddj
Docket No:  
4 September 2002

5415-02

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 4 September 2002.
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
opinion furnished by NPC memorandum 5420 Pers 921 of 31 July 2002, a copy of which is
attached.

Your allegations of error and

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. Accordingly, 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.
to keep in mind that a presumption of regularity attaches to all official records.
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.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

N AVY PERSONNEL COMMAN

5720  INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

D

5420
Pers-921
31 

JuI  02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Ref:

Encl:

Assistant  for BCNR Matters (Pers-OOZCB)

ATIONS

IN CASE 

OF'-

(a) 10 USC Section 

1552

(1) 

BCNR  File 05415-02

We are returning enclosure (1) with the following

1.
observations and the recommendation that
denied.

petition be

2 .
dur
Jacksonville.
leave when he
MILPERSMAN  7220-340 states specifically that no member may sell
back more than 60 days of accrued leave during a military
career.

ting payment of 
to Navy and Marine Corps Reserve Center
had previously sold back 
y left active duty in September 1990.

No option or waiver authority is discussed.

60 days of

60 days of leave accrued

(R

which

stated in his letter to
3.
ase from active duty
receive
a detach date no later than 31 July,
taking leave. However, upon review of
FEB 
orders were released 9 February, 2001
months prior to his release date of 31 July 2001. No where in
his statement do
Further,
denied.
of 2000 he was concurrently the CO of NRC Pensacola and 
NMCRC Jacksonville,
leave during this period would prove difficult. However, from
June 2000 to May 2001, 12 months,
manned staff where taking normal leave would have been possible.

commuting between sites. No doubt, taking

ate that an attempt to take leave was
stated that from October 1999 to June

he was assigned to a fully

recluded  him

that he
001 for
from
his RAD
Ol),  six

X0  of

our recommendation that

is personally known to members of this

norable  Naval Officer, it is

etition be denied.

Subj:

ADVISORY OPINION

IN THE CASE OF

Per reference (c),

6 .
promotion to corporal

omoted to corporal on 1 November 2001.
s date of rank to corporal, she will not be
or promotion to sergeant until the October, November,
er promotion quarter of 2002.
request be disapproved.

Recommend

was not eligible for
e she is requesting.

Based

Major, U.S.
Head,

Marine Corps

Enlisted Promotion Section



Similar Decisions

  • NAVY | BCNR | CY2001 | 08560-01

    Original file (08560-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting i n executive session, considered your application on 13 June 2002. Consequently, when applying for a correction of an official naval record, theburden is on the applicant to demonstrate the existence of probable material error or injustice. The projection for her next in zone eligibility for captain puts her at the 23 year mark, which is also one year above the notional flow point and in accordance with SECNAVINST...

  • NAVY | BCNR | CY2002 | 05388-02

    Original file (05388-02.pdf) Auto-classification: Denied

    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. - 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...

  • NAVY | BCNR | CY2002 | 07693-02

    Original file (07693-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by changing her commander date of rank to restore her relative seniority in her officer community. They recommend adjusting her date of rank to 1 June 1998. The petitioner promoted to commander at the month point in keeping with her running mates and within flow point guidelines of...

  • NAVY | BCNR | CY2002 | 03638-02

    Original file (03638-02.pdf) Auto-classification: Denied

    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. After her release from active duty, she entered the Individual Ready Reserve the Naval Reserve. Ready Reserve) are required by law to be considered by promotion boards, regardless of their active participation.

  • NAVY | BCNR | CY2002 | 08353-01

    Original file (08353-01.pdf) Auto-classification: Approved

    They stated ” They further stated “By waiting until 1 October 2001, her Air Force promotion to Command (NPC) office having cognizance over Naval Reserve personnel administration, has commented to the effect that Petitioner the Naval Reserve Lieutenant Commander promotion list “From the documentation provided in [her application at enclosure (l)], it is apparent the member was given inappropriate counsel as to the timing of her appointment into the Naval Reserve. They find Petitioner ’s...

  • NAVY | BCNR | CY2002 | 01504-02

    Original file (01504-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2002. 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. case it was due to General...

  • NAVY | BCNR | CY2002 | 07179-02

    Original file (07179-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2002. In addition, the Board considered the advisory N133D1000270 of 8 October 2002, a copy of 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. action that would have enabled him to return to sea until he...

  • NAVY | BCNR | CY2002 | 04254-02

    Original file (04254-02.pdf) Auto-classification: Denied

    requested comments and recommendations regarding (a) guest for removal of his Detachment For Cause (DFC) Enclosure (1) is returned as a matter and that references to his DFC should be He argues that this action is His DFC was processed as outlined in reference (b) due to loss of The respondent claims that his DFC should be re-classified as an 2. A review of the member headquarters record did not reveal the fitness report in question or the member’s statement to be on tile. When the...

  • NAVY | BCNR | CY2002 | 04456-00

    Original file (04456-00.pdf) Auto-classification: Denied

    (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...

  • NAVY | BCNR | CY2002 | 04832-02

    Original file (04832-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2002. 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. opinion furnished by CMC...