DEPARTMENT OF
THE, NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
WASHINGTON DC 20370-510
X
0
LCC:ddj
Docket No: 1408-01
30 May 2001
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 May 2001. 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 of 1 May 2001, a copy of which is
attached.
In addition, the Board considered the advisory
entire record, the Board found that the
After careful and conscientious consideration of 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
:l.njustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
3805Ei-0000
1830
Pers823
Ser 093
1 May 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
COMMENTS AND RECOMMENDATIONS
ICO
Ref:
ltr of 4 Apr 2001
(a) Pers-OOXCB
(b)
(c)
(d)
10 U.S.C.
10 U.S.C.
10 U.S.C.
1201
6330
6326
Encl:
(1) BCNR File with Microfiche Service Record
1. Reference (a) requested comments and recommendations in
subject member's case.
correction to his statement of service and retired pay account
to include credit for constructive service.
Petitioner requests
Specifically,
Petty Office
was transferred from active duty to the
2.
Temporary Disability Retired List on 14 Feb 1981 and later
transferred to the Permanent Disability Retired List on 14 Feb
1986.
constructive service credit is only authorized for personnel who
are transferred to the Fleet Reserve or the Retired List under
the provisions of reference (c) and (d).
(b) through (d) indicate that
Review of references
3.Based on paragraph 2 above,
Officer
petition be denied.
it is recommended that Petty
Enclosure (1) is returned.
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