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NAVY | BCNR | CY1998 | NC9808786
Original file (NC9808786.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC: tj
Docket No: 8786-98
22 June 1999

 

 

—

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 7220 Ser N130C3/109-99 of 3 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
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
WASHINGTON, DC 20350-2000
IN REPLY REFER TO

7220

Ser N130C3 /109-99
3 Jun 99

 

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

Via: Assistant for BCNR Matters, Pers-0OOXCB

 

Subj: REQUEST FOR. COMMENTS AND RECOMMENDATIONS ICO

 

Ref: (a) SECNAVINST 1900.7G

Encl: (1) BCNR Case File #08786-98 w/Microfiche Service
Record

1. Per your request, the following recommendation concerning

enclosure (1) is provided.

2. The petitioner was paid half separation pay during his
discharge from active duty under honorable conditions on 25 SEP
95. He is petitioning BCNR to change his entitlement from “half”
to “full” separation pay.

3. A review of the microfiche copy of his service record,
enclosure (1), revealed that the petitioner was not recommended
for reenlistment by his CO, and was discharged from active duty
due to weight control failure (SPD code “JCR”) on 25 SEP 95.

4. A member separated for weight control failure is only

entitled to half separation pay.
Lb

H. P. Watson
Assistant Head, Pay and
Allowances Section (N130C)

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