DEPARTMENT OF THE NAVY
			BOARD FOR CORRECTION OF NAVAL RECORDS
		            	2 NAVY ANNEX
	-		      WASHINGTON DC 20370-5100

BAN
Docket No. 05625-07
16 June 2008

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2008. 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, your naval record and applicable statutes, regulations and policies. The Board considered the advisory opinion furnished by NPC memo PERS-8l2 of 18 September 2007, a copy of which is attached.

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 of injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, you 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 also 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
Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
						MILLINGTON TN 38055-0000

			1430
										PERS-8l2
										18 SEP 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)

	  Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE OF

Encl:	(1) BCNR File #05625—07

Ref: (a) BUPERSINST 1430.l6E

1. In reply to enclosure (1), the following comments and recommendations are submitted concerning case

2. A review of record indicates that he enlisted into the Full Time Support program on 15 September 2006. Per reference (a), due to having a break in active duty service over twenty-four hours, his actual date of rate would be the date of return on active duty and his time-in-rate (TIR) date would be established based of that date. This would result in his date or rate being 15 September 2006 and a TIR of 1 July 2006.

3.	Navy Reserve personnel who come on active duty in the same paygrade may use Drill Service is Paygrade (DSPG) to meet the time in rate requirements. DSPG is designed to allow PIR accrued while in the Navy Reserves to be credited to the member once on active duty. It is used for the singular purpose of TIR eligibility, and no final multiple points are credited. Using the guidance set forth in reference (a) we have determined that is eligible for six months creditable DSPG, and if otherwise eligible, would meet the TIR requirements to participate in the September 2008 (Cycle 200) Navy wide examination. Once meets the TIR requirement based on his active duty TIR date, DSPG will serve no purpose and need not be used.

3.	In view of the above information, it is our recommendation that this petition be denied.  _ previous TIR has no effect on his current TIR due to his break in active duty service of over twenty—four hours.

4.	This is an advisory memorandum for use by the Board for Correction of Naval Records (BCNR) only. Point of Contact is PS1(SW) at Commercial 901—874—3196, DSN 882-3196, @navy.mil.

By direction