DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1591-01
27 June 2001
Dear Petty Officetjiiiaiialanaiai
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. You requested Naval Reserve
retirement credit for 18 April 1997 to 28 April 1999.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 27 June 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. In addition, the Board considered the advisory
opinion furnished by the Navy Personnel Command dated 16 May 2001, a 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 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
a
54-0 |
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
¢
Enclosure
Copy to:
The Honorable Jo Ann Emerson
159)-0)
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-913
16 May 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, PERS-00ZCB
Subj]: REQUEST FOR COMMENTS AND RECOMMENDATION IN THE CASE OF
6 meen <1, galt
Ref: (a) Title 10, U.S.C. 1552
(b) BUPERSINST 1001.39 (series)
Encl: (1) BCNR File 4679-00
1. Enclosure (1) is forwarded with the following comments and
recommendations:
a. We do not suppore=@——iiiiMiliiieie cfetition. A review of
his record indicates that Chief, Bureau of Medicine and Surgery
found him not physically qualified for retention in the Naval
Reserve on 2 July 1997. The Chief of Naval Personnel concurred
with those findings on 10 July 1997. On 6 May 1998 Naval Reserve
Center, Cape Girardeau requested a review of his status by the
President, Physical Evaluation Board. The President, Physical
Evaluation Board found gggeeeiliee@est Physically Qualified for
retention in the Naval Reserve on 21 April 1999. He was returned
to drill pay status on 28 April 1999. There does not appear to
be any intentional or undue delay in Process ing gga Tiatatilin
determination of physical qualification.
b. Per reference (b) aekaNIRpN RE was authorized to actively
participate via correspondence courses to earn retirement points
while in a not physically qualified status.
2. Additional questions may be directed ——— AAR at
Director, Naval Reserve Personnel
Administration Division
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