DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC: tj
Docket No: 6586-98
22 June 1999
Dear PETTY OFFICER QD
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 22 June 1999. 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 BUPERS Memorandum 1830 PERS 823 Ser 451 of 1 June 1999, 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 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 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 1830
Pers823
Ser 451
1 Jun 1999
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: COMMENTS AND RECOMMENDATIONS ICO.
Ref: (a) Pers-OOXCB ltr of 31 March 1999
Encl: (1) BCNR File with Microfiche Service Record
1. Reference (a) requested comments and recommendations in subject member’s case.
Specifically, Petitioner requests advancement to his highest paygrade held while on active duty,
which was E-6.
2. Public Law 100-180, enacted 4 December 1987 (now codified in 10, U. S. C. 6334),
provides for advancement on the retired list to the highest grade in which a member served on
active duty satisfactorily as determined by the Secretary of the Navy. Legal representatives of
the Judge Advocate General of the Navy have determined that only members who transfer to the
Fleet Reserve after 4 December 1987 are eligible for consideration to be advanced on the retired
list.
3. A review of the service record for Petty Office taggly indicates that he was transferred to
the Fleet Reserve effective 31 March 1980, and is not eligible for advancement to paygrade E6
on the retired list.
4. It is recommended that Petty Officenpgaillits petition for correction to his records be
denied as stated in pargraphs 3 and 4 above. Enclosure (1) is returned.
li Enlisted Retirements Branch
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 3805 5-0000
5420
Pers-00ZCB/NPC-00ZCB
31 MAR 99
MEMORANDUM FOR HEAD, ENLISTED RETIREMENT BRANCH (NPC-823)
OR COMMENTS AND RECOMMENDATI IN CASE PETTY
a , USNR, RET, .
Ref: (a) 10 U.S.C. Section 1552
Subj: REQUEST
OFFICE
Encl: (1) BCNR File 06586-98 w/Service Record
1. Subject member petitioned the Board for Correction of Naval
Records (BCNR) in accordance with reference (a), to correct
errors and or remove injustices in the service record.
2. The Board requests your comments and recommendations in order
to reach a fair and equitable decision in this case. You are
therefore requested to review enclosure (1); weighing the issues
presented therein with applicable navy policies, regulations, and
guidelines, formulate an advisory opinion, and return all
correspondence to this office.
3. If during your review of enclosure (1) you determine an
administrative resolution, within the scope and authority of the
Chief of Naval Personnel (CNP) is both available and appropriate,
alleviating the necessity for further BCNR intervention, you
should prepare a brief but formal commentary advising this office
of your action(s).
4. If a formal review by BCNR is required, your comments and
recommendations should be prepared in a formal format, addressed
to the Executive Director, Board for Correction of Naval Records
via Assistant for BCNR Matters, Pers-00ZCB, and returned to me in
the Jamie Whitten Building (791), room A104.
5. Your response is requested NLT 30 APR 99. Extensions may be
requested on 874-3043.
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