DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 6237-01
6 September 2002
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
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
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 your application, you are requesting that the record be
corrected to shows that you were eligible for sanctuary
protection under the provisions of Title 10 U.S.C. 12686 and were
retained on active duty until you reached 20 years of active
service and were retired at that time.
You claimed sanctuary in early 2001 believing that you would have
accumulated 18 year of active duty by the time your active duty
for special work (ADSW) orders ended on 30 September 2001.
Subsequently, your orders were modified to reflect an ending date
of 8 June 2001 instead of 30 September 2001.
from the Office of the Assistant
A letter, dated 6 June 2001,
Secretary of the Navy (Manpower and Reserve Affairs) (ASN M&RA)
stated, in part, as follows:
.
.
.
. Although not documented in the Inactive
Manpower and Personal Management Information system
you_were approaching the 16-year mark upon
(IMAMPIS),
execution of your April 1999 ADSW orders and would have
reached sanctuary at the conclusion of your June 27,
Your annual
2000, to September 30, 2001, orders.
Statement of Service and the IMAPMIS system did not
one month and 18 days of
reflect the three years,
active duty under General recall at the Bureau of
Medicine and Surgery from September 18, 1995, to
October 31, 1999, which you brought to our attention in
March 2001.
"1998".
"1999" should read
It appears that
The ADSW program assigns reserve personnel to
augment active duty forces for emergent, unanticipated
or short-term projects.
6 to your letter) states:
of a Reservist reaching sanctuary (18 years), members
with 16 or more years of active service (active
service, ADSW, Active Duty for Training and Annual
Training combined), are not authorized ADSW or one-year
recall.
1001.20B (enclosure
To preclude the possibility
OPNAVINST
In order to maintain the integrity of the ADSW
program and not violate the spirit and intent of ADSW
law and policy, it was necessary to modify your orders.
Since you will have less than 18 years of active duty
service, your release will be voluntary and will not
require the approval of the Secretary. . . . . .
protesting your release from
That same day, you wrote a letter to the official
Consequently, you were released from active duty on 8 June
2001.
signing the 6 June 2001 letter,
active duty and contending that your orders could only be
terminated for cause.
In a 10 July 2001 letter to Senator
Warner, ASN M&RA responded to the issues you raised in your
8 June 2001 letter, essentially stating that since you did
not have an active duty agreement,
the provisions of Title
10
allows the Secretary to release reserve officers from active
duty without such an agreement at his discretion.
letter also points out that OPNAVINST
prohibits the issuance of ADSW orders to individuals with
over 16 years of active duty except in very special
circumstances.
U.S.C. 12313 applied to your case.
1001.20B specifically
That provision of law
The
The Board reviewed statements of service
The Board has received an advisory opinion to the effect
that if you have 18 years of active duty, you should be
granted sanctuary.
dated 22 March 2001, 21 June 2001 and 15 May 2002. In
addition, a 5 November 2001 Statement of Service for Naval
Reserve Retirement was considered.
Although there are minor
variations in there documents, it is clear that as of 8 June
2001 you did not have 18 years of active service, and would
not have attained 18 years of service by the original ending
date of your orders on 30 September 2001.
A careful
\
2
computation of active service entered on the 15 May 2002
statement resulted in a total of 17 year, 7 months and 12
days of active service as of 8 June 2001.
the 3 months and 24 days from 9 June until 30 September
2001, you still do not have 18 years of active service.
Even if you add
The Board believed that it was apparently within the
discretion of the Secretary of the Navy to modify orders in
cases such as yours to preclude an individual from reaching
sanctuary.
However, this issue is moot because even if the
additional period is taken into account, you would still not
have 18 years of active duty.
The Board concluded that you
are not entitled to sanctuary and a correction to your
records is not warranted.
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.
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
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