DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 5350-98
11 May 1999
USN
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 11 May 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 CNO memorandum 7220 N
which is attached.
In addition, the Board considered the advisory
13OC3/040-99 of 19 March 1999, a copy of
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.
to keep in mind that a presumption of regularity attaches to all official records.
when applying for a correction of an official naval record, the burden is on the applicant
demonstrate the existence of probable material error or injustice.
In this regard, it is important
Consequently,
.to
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
I
DEPARTMENT OF THE NAV
OFFICE OF THE CHIEF OF NAVAL OPERATION
Y
S
WASHINGTON. DC 20350-200
0
O
IN REPLY REFER T
7220
N13
OC3/
19 Mar 99
040-99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref:
Encl:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
PNl(AW/SW)
USN,
(a) SECNAVINST
1900.7G.
(1) BCNR Case File
Record
#05350-98 w/Microfiche Service
Per your request,
1.
enclosure (1) is provided.
the following recommendation concerning
The petitioner is requesting payment of Separation Pay upon
2 .
his involuntary separation on 30 SEP 92.
(l),
A review of enclosure
3.
the Electronic Military Personnel Records System (EMPRS) service
record,
after his discharge on 24 FEB 89.
for special work
SEP 92 due to military end strength reduction.
the petitioner joined the Naval Reserve on 11 MAY 90
(ADSW) on 23 DEC 91 and released from ADSW on 30
and based on the information in
He was recalled to active duty
a reserve enlisted
Per reference (a),
4 .
minimum of six years continuous active duty service immediately
prior to separation in order to be eligible for involuntary
separation pay.
ADSW (23 DEC 91
from active duty on 30 SEP 92.
entitled to involuntary separation
The member only served 9 months and 11 days of
- 30 SEP 92) when he was involuntarily terminated
Therefore,
member must have a
the petitioner is not
Assistant Head, Pay and
Allowances Section (N130)
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