Fair, but what's his alternative COA given the OCM endorsed his package and BCNR said sorry, outside of our scope?
I agree I could have refused the commission, but after going through a year of paperwork, medical exams, multiple interviews, gathering references, and driving 6hr to Norfolk to meet the recruiter, it's not that easy to just say "you know what, no thanks." I didn't find out my situation was outside the norm until my first AT when I finally met officers in my community. They pushed me to ask for a rank correction.I would say he has no COA, his recruiter screwed up by thinking that he could come in as anything but an O-1, then NRC found the error and that is why they said take O-1 or nothing, he voluntarily accepted that O-1 position and now he wants to go back and say "but I should have..........", sorry but a choice was made and needs to be lived with.
I'm not sure these regulations apply the way you think if you came in through the Navy Recruiting process. Can you at least address that? If you came in by some other means, maybe these regulations apply, although the first you mention I think is referring more to credit of time in service vice rank. I.e. One should not lose time making it more distant to obtain retirement or be paid as O1 less than 2 years. if you have previous military time.
The rank is addressed by the program authorization, so that is the lead authority. Again, unless you came in another way.
I agree I could have refused the commission, but after going through a year of paperwork, medical exams, multiple interviews, gathering references, and driving 6hr to Norfolk to meet the recruiter, it's not that easy to just say "you know what, no thanks." I didn't find out my situation was outside the norm until my first AT when I finally met officers in my community. They pushed me to ask for a rank correction.
I would say he has no COA, his recruiter screwed up by thinking that he could come in as anything but an O-1, then NRC found the error and that is why they said take O-1 or nothing, he voluntarily accepted that O-1 position and now he wants to go back and say "but I should have..........", sorry but a choice was made and needs to be lived with.
I came in as a DCO - but with prior active duty service - not as an inter service transfer. That counts as an "original appointment" per DoDI 1310.02, which means DoDI 1312.03 applies, and that states:
“The amount of entry grade credit will equal the sum of the prior commissioned service credit and the constructive service credit a person is given.”