DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 07
8 February 2002
117-00
Dear
Lieuten
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 that your
lieutenant date of rank be adjusted to make you three years more junior, and that your failure
of selection by the Fiscal Year 01 Staff Lieutenant Commander Selection Board be removed.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 February 2002.
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 opinions furnished by the Navy Personnel Command dated
28 November 2000, 28 June and 30 August 2001, copies of which are attached.
Your allegations of error and
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 advisory opinion
dated 28 June 2001 in concluding your request for date of rank adjustment should be denied.
As they found insufficient grounds to adjust your date of rank, they had no basis to remove
your failure of selection for promotion.
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
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
MEMORANDUM FOR BCNR
542 0
Pers 85
28 Nov 00
Via:
Subj:
Ref:
BUPERS/BCNR Coordinator
, CHC, USN,
(a) SECNAVINST
(b) Section 741 of title 10, U.S. Code
(c) SECNAVINST
1420.1A
1427.2B
Encl:
(1) BCNR File
1.
Enclosure (1) is returned,
recommending disapproval of
request for a three-year adjustment to his date of
and removal his failure of selection to LCDR.
(b) and (c),
Per references
2.
the Secretary of the Navy can
change a date of rank to a later date effective when the officer
is placed on the active-duty list if:
1) the officer has not
been on continuous active duty since his original appointment as
a reserve commissioned officer,
or 2) is transferred from an
inactive status to an active status and placed on the
duty list.
making the transition from the Reserve Active Status List to the
Active Status List.
was recalled to active duty in
July 1997
done prior to his recall in 1997.
This request must be made and approved prior to
of rank adjustment needed to be
- his requ
active-
d disapproval of
ulted for additiona
eserve serv
"s request.
PERS-86
visory opinions regarding
Officer Promotions
BCNR Liaison,
and Enlisted Advancements Division
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Ref:
Subj:
Assistant for BCNR Matters (PERS-OOZCB)
(a) Section 742 of Title 10, U.S. Code
REQUEST FOR COMMENTS
LIEUTENAN
AND RECOMMENDATION
USNR,
IN CASE OF
Encl:
(1) BCNR File 07117-00 w/Service Record
1.
Enclosure (1) is returned,
recommending disapproval of LT
s request for a three-year adjustment to his date of
rank.
2.
We are in concurrence with PERS-85's advisory opinion that
,is not eligible for adjusting his date of rank. In
with reference (a),
an officer is only eligible for
date of rank adjustment if he transitioned from an inactive
reserve status directly to
or Reserve Active Status List.
as a Selected Reserve of the Ready Reserve since the date of his
commission and therefore was never eligible for a date of rank
adjustment.
e Active Status List
erved continuously
activ
Reserve Officer
Director,
Promotions,
Appointments, and
Enlisted Advancement Division
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-86
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Assistant for BCNR Matters (PERS-OOZCB)
(a) Section 742 of Title 10, U.S. Code
Via:
Ref:
Subj:
Encl:
(1) BCNR File 07117-00 w/Service Record
We believe that an adjusted date of rank would have had a
1.
positive impact on Lieutenant
While the ultimate determining
documented on his fitness reports,
number or the type of tours as his active duty counterparts.
Therefore,
had more time on active duty prior to the start of the board.
he was essentially non-competitive with his peers who
chances for promotion.
factor is his performance as
he clearly did not have the
Promotions,
Appointments, and
Enlisted Advancement Division
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