DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON,
D.C. 203704100
JLP: ddj
Docket No: 8881-97
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. In addition, the Board considered the advisory
N130C3/254-98 of 23 December 1998, a
opinion furnished by CNO memorandum 7220 SER
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
In this regard, it is important
evidence or other matter not previously considered by the Board.
aI1 official records. Consequently,
to keep in mind that a presumption of regularity attaches to
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
NAV Y
OFFICE OF THE CHIEF OF NAVAL OPERATION
DC 20350-200
WASHINGTON.
0
S
zz ’tf
‘7
Ser
23
L)EC 98
T O
Y REFER
N130C3/254-98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
COMMENTS AND RECOMMENDATIONS
ICO
Ref:
(a) SECNAVINST
7220.77D
Encl:
(1) BCNR Case File
Record
#08881-97 w/Microfiche Service
The following recommendation concerning enclosure (1) is
1.
provided.
The petitioner is requesting retroactive sea duty credit
2.
(13Nov96 to
70ct97) on his sea duty counter during his tour with
- member detached from
Commander Submarine Group TEN (ACC 320
last permanent duty station (PDS) pending further assignment to
new PDS) .
Per reference (a), when the petitioner transferred on 13 Nov
3.
96 to Commander Submarine Group TEN, his CSP entitlement
terminated that day.
(13Nov96 to
a period
CSP qualifying vessel.
37,
authority exists for
U.S.C., Section 305a) and no Service Secretary waiver
70ct97) that he was not serving on board a
CSP entitlement is based on law (Title
The petitioner cannot be authorized CSP for
this matter.
Therefore,
N130C
4.
petitioner's request
70ct97).
does not recommend approval of the
for retroactive credit of CSP
(130ct96 to
Head, Pay and Allowances
Section
(N130C)
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