DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON, D.C. 203704100
JLP: ddj
Docket No: 2615-98
9 February 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 9 February 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.
opinion furnished by BUPERS
copy of
memora.nduM 1830 PERS 82B SER 210 of 8 December 1998, a
In addition, the Board considered the advisory
-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.
Board reconsider its decision upon submission of new and material
You are entitled to have the
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
NAVY PERSONNEL
MlLLlWDTOW TN
THE
COMMAIiD
IWTEDRITY DRIVE
28055-0000
5720
NAVY
1830
Pers82B
Ser 210
08
Dee 98
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
.r
NAVAL RECORD S
Subj:
ATIONS ICO
Ref: (a) Pers-OOZCB ltr of 17 Nov
’ 1998
..
\
1. Reference (a) requested comments and recommendations in subject member
Specifically, Petitioner requests that his date of discharge for retirement be changed
September 1997 to 15 December 1997.
’s case.
from 19
s medical folder was reviewed and interviews were conducted with staff that
him during his disability proceedings. The following is a list of events
’ pertinent to the recommendation:
.
-
-
-
-
-
7 Mar 97: MEDBOARD convened with recommendation of Temporary Disability
Retirement
14Mar97:
19Jun97:
Imminent findings. Member signed findings agreeing with findings.
20 Jun 97: SECNAV Findings of
ccepted the findings of the MEDBOARD
ings of 100% rating for Transfer to the TDRL under Death
TDRT, (Imminent Death) signed. (Initial retirement
ted for a separation date of 17 Jun 97).
r underwent liver transplant surgery.
r Disability Retirements informed the branch head
as going to exceed the 30 day window for a physical
for retirements tha
disability retirement directed by SECNAV Action. (Same day in the case of death
inuninent)
19 Sep
97: Retired under
TDRL at 100%.
retirement date not be
never denied leave.
was
recomm
3. It is the
ical
attached to Pers-82
condition only allowed him to work half days and during longer periods of absence, was on
convalescent leave. Members are only authorized to sell back 60 days of leave in a career. As
ent that his accumulated leave would be lost upon
DKC,
membe$ew at the
was to be retired in June but was kept on the active
his retirement. Additiona
duty roles in a pay status
retirement date under TDRL (Immment
ould have taken place after his
_
‘a
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