DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC
20370-5100
LCC:ddj
Docket No: 5363-98
11 May 1999
Dear
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 SER
of which is attached.
In addition, the Board considered the advisory
N130(33/064-99 of 30 March 1999, a copy
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
l
Enclosure
DEPARTMENT OF THE NAV
OFFICE OF THE CHIEF OF NAVAL OPERATION
Y
S
WASHINGTON. DC 20350-200
0
IN REPLY REFER
T O
722 0
Ser
30 Mar 99
N130C3/ 064-99
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
FMR MBR
USN,
,
(a) DODPM, Change 22,
Dee 90
(1) BCNR Case File
Record
#05363-98 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
The petitioner is requesting separation payment based on her
2.
Humanitarian Discharge (HUMS) on 30 DEC 88.
Per reference (a),
para. 40413, a member who is discharged
3.
or released from active duty at his/her own request is not
entitled to separation pay.
(VSI) and special separation benefit (SSB) programs were not
implemented until after the enactment of the 1991 National
Defense Authorization Act.
not entitled to involuntary separation pay.
The voluntary separation incentive
A member who voluntarily separates is
Therefore,
N130C recommends disapproval of the petitioner's
4.
request for payment of separation pay upon her discharge (HUMS)
on 30 DEC 88.
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