DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 7218-98
30 March 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 30 March 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 memorandum 1830 PERS 823 SER 267 of 5 February 1999, a
copy of which is attached.
In addition, the Board considered the advisory
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 to
demonstrate the existence of probable material error or injustice.
In this regard, it is important
Consequently,
’
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
INTECRlTY DRIVE
MILLINDTON TN 2805 5-0000
5720
1830
Pers823
Ser 267
5 Feb 1999
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj
RECOMMENDATIONS ICO E
Ref
(a) Pers-OOXCB ltr of 5 Jan 1999
Encl: (1) BCNR File with Microfiche Service Record
1. Reference (a) requested comments and recommendations in subject member
Specifically, Petitioner requests reinstatement to
paygrade E-6.
’s case.
indicates he was transferred to the Fleet
2. A review of the service record fo
Reserve under the Temporary Early Retirement Authority (TERA) on 2 October 1996 at the
direction of the Secretary of the Navy vice administrative separation for his documented
misconduct. No request was received for reinstatement prior to his transfer to the Fleet Reserve
and no provision exists for reinstatement while in the Fleet Reserve. His case may be reviewed
for possible advancement to his highest enlisted grade held, based on the provisions of 10 USC
6334, when he is eligible to be transferred to the Retired List at the completion of 30 years total
active and inactive service, which is 22 Mar 2007.
It is recommended th
3.
denied for the reasons stated above. Enclosure (1) is returned.
petition for correction to his records be
d, Enlisted Retirements Bran
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