LCC
Docket No. 5716-07
11 Dec 07

Dear

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 3 December 2007. 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. In addition, the Board considered the advisory opinion furnished by CNO memorandum 7220 Ser N13OC1/07U0591, of 10 August 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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. 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 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
OFFICE  OF  CHIEF OF NAVAL OPERATIONS
 NAVY PENTA~0N
WASHINGTON, DC 

7220
Ser N130C2/07U0591
10 Aug 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, Pers-OOXCB

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO 

Ref:	(a) Title 10, U.S.C. Section 1174
(b)	OPNAVINST 1900.4

End:	(1) BCNR Case File #05716-07

1.	Enclosure (1) indicates a request for separation pay upon his released from active duty on 16 Mar 07.

2.	IAW reference (a) a member who has completed six or more,
but less than twenty, years of active service immediately before
separation is entitled to separation pay. A review of the
petitioner’s Electronic Military Personnel Records System (EMPRS
98)	revealed a total accumulated active duty service of 4 years,
7 months and 10 days as of 16 March 07. IAW reference (b), this
made him ineligible to receive separation pay.

3.		N13OC	of the petition’s request for separation pay.

	
Assistant Head, Pay and
	Allowances Section (N130C2)