DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 1893-01
22 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 22 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. In addition, the Board considered
the advisory opinion furnished by BUPERS memorandum 1430 SER 85/34 1
of 24 April 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 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
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 857341
24 Apr 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
(BCNR)
Via: Assistant for BCNR Matters (PERS-OOXCB)
Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref: (a) BUPERSINST 1430.16D
End: (1) BCNR file #01893—01
1. Based on policy and guidelines established in reference (a),
enclosure (1) is returned recommending disapproval.
2. Paragraph 301.12.4 of reference (a) is very specific. Time in Rate
waivers for member’s entering the Navy from other services will be granted
only to former Marine Corp personnel entering the Navy in the RB rating.
All others will be assigned a time in rate date per the date of entry into
active Navy service. No relief is recommended in r~ards to this petition.
by ~irection
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