DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09382-10
14 April 2011
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 promotion to lieutenant junior
grade (pay grade 0-2) with an effective date not later than 16 October
2009, the date of your disenrollment from the Uniformed Services
University of the Health Sciences (USUHS) .
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 14 April
2011. 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 and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Command dated
27 September 2010 and 7 February 2011, and the undated handwritten
note provided by a member of the Board’s staff (Mr. Jonathan S.
Ruskin, Head, Performance Section), copies of which are attached.
The Board also considered your letter dated 12 March 2011 with
enclosures.
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 dated 7 February 2011. The Board
found no error or injustice in your not having been credited, for
purposes of seniority and promotion, with the time you served at the
USUHS. In this regard, the Board did not adopt the position taken
by the Air Force Board for Correction of Military Records (AFBCMR) ,
docket number 96-01097, which accepted the conclusion of the Office
of the Staff Judge Advocate that title 10, United States Code, Section
2126 “exclusions do not preclude use of the USUHS time for date of
rank and promotion eligibility purposes.” The Board noted that
Secretary of the Navy Instruction (SECNAVINST) 1421.4D, which the
applicant in the AFBCMR case cited, was canceled by SECNAVINST
1412.6L, dated 9 December 2005, which does not apply to USUHS officers
as SECNAVINST 1421.4d did. The Board likewise did not adopt the
position taken’ by the Army Board for Correction of Military Records
(ABEMR).» docket 'nffrbex# AR20090011111, noting that the ABCMR
acknowledged “the abggicant is not entitled to service credit for
the ftime he spent in the USUHS Program.” The Board also noted that
title 10, United States Code, section 2114 (b) provides that USUHS
officers “shallg serve...in pay grade 0-1.” Finally, the Board
observed that under both the Naval Military Personnel Manual, article
1131-010, paragraph ,ged and Department of Defense (DoD) Directive
1318/3""paragtaph 4, try grade credit (EGC) for prior commissioned
service is permitted, but not reguired. The DoD Directive,
paragraph 4.1, mandates that service credit be “equitably
determined.” The Board was unable to find it inequitable that you
were not granted EGC for your service in a program you did not
complete, in which you received education and pay. 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,
LD Noad\
W. DEAN PFEAF
Executive D or
Enclosure
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