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Decision Text

NAVY | BCNR | CY2001 | 01292-01
Original file (01292-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

LCC: ddj
Docket No: 1292-01
30 October 2001

This is in reference to your application for correction of your
provisions of title 10 of the  

IJnited States Code, section  

1552.

  naval  record pursuant to the

A three-member panel of the Board for Correction of Naval
session, considered your application on 30 October 2001.
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 CNP memorandum 7220 Ser N 1 
copy of which is attached.

In addition, the Board considered the advisory

  Records, sitting   in executive
Your allegations of error and injustice

15 October 2001, a

XKVO 1 

IT 1302 of 

After careful and conscientious consideration of the entire record, the Board found that the
submitte:d was insufficient to establish the existence of probable material error or
evidence 
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory 
the members of the panel will be furnished  upon request.

opin:ion. Accordingly, your application  has been denied. The names and votes of

thal the circumstances of your case are such that favorable action cannot be taken.
  upon  submission of new and material
  In this regard, it is important

It is regretted  
You are entitled to have the Board reconsider its decision
evidence or other matter not previously considered by the Board.
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  

e.xistence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

OFFICE OF THE CHIEF OF NAVAL OPERATION

DEPARTMENT OF THE
2000 NAVY PENTAGO
D.C.  

WASHINGTON. 

N

20350*2000

  NAV Y

S

IN REPLY REFER TO

N130C3/ 

Olu1302

7220
Ser 
15 

Ott 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Via:

Assistant for BCNR Matters, Pers-OOXCB

Subj:

Ref:

Encl:

(a)
(b)

(1)

CNO Washington DC MSG 0614552 Nov 00
SECNAVINST 

1900.7G

BCNR Case File  
Record

#01292-01  

w/Microfiche 

Service

Per your request, the following recommendation concerning

1.
enclosure (1) is provided.

Enclosure (1) indicates a request

2.
upon the petitioner

's discharge on 18 

for separation severance pay
Dee 00.

DD-214 revealed that he was

A review of the petitioner's

3.
assigned a voluntary separation program designator (SPD) code of
"KBK" (completion of required active service) on his separation.
Reference (a) E4 and E6 High Year Tenure
adjusted by  
service.
HYT date by 
involuntary separation pay IAW reference (b).

a minimum of two years of obligated active duty

The petitioner was discharged on 18  

This made him ineligible to receive

Dee 00, missing his

(HYT) service limits were

2: years.

A member's separation from active duty must be characterized

4.
as involuntary in order to qualify for involuntary separation pay.
N130C recommends disapproval of  
separation pay IAW reference (b).

petiti

Assistant"Head, Pay and

Allowances Section  

(N130C)



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