DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No:
. 19 June 2001
1806-01
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 19 June 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.
In addition, the Board considered the advisory
opinion furnished by BUPERS memorandum 5420 PERS 913 of 17 May 2001, a copy of which
is attached.
Your allegations of error and injustice
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 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
D,_PARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-913
17 May 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, PERS-OOZCB
NDATION IN THE CASE OF
Ref:
(a) Title 10, U.S. C. 1552
(b) BUPERSINST
1001.39(series)
Encl:
(1) BCNR File 1806-01
Enclosure (1) is forwarded with the following comments and
1.
recommendations:
a.
We do not supp
records indicates that
on 12 March 2000.
to remain in a drill pay status until 31 December
Per reference
etition.
eached High Year Tenure
(bm was authorized
A review of his
(HYT)
2000.
quested a High Year Tenure waiver to remain
Regretfully, his
beyond 31 December 2000.
in a pay status
request was denied due, to the fact that his rating was manned in
,W states that he was he was in the
excess of 100%.
Individual Ready Reserve (IRR) from 1974 to 1980 and did not earn
any qualifying years of service.
will not be able to complete 20 years of qualifying service to
earn a non-regular retirement, also known as a reserve
retirement.
Additionally,
he states that he
B.
b.
may drill in a Volunteer Training Unit (VTU)
or transfer to the Individual Ready Reserve
retirement points via drills or correspondence courses to attain
20 qualifying years for a Non-Regular Reserve Retirement.
Additionally,
to earn retirement points for qualifying years for a non-regular
retirement but failed to do so of his own accord.
while in the IRR from 1974 to 1980 he was eligible
(IRR) and earn
Additional questions may be directed to LCDR
2.
(901) 874-4501.
at
Director,
Administration Division
Naval Reserve Personnel
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