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NAVY | BCNR | CY2001 | 03211-01
Original file (03211-01.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: 3211-01
17 July 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 17 July 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
application, together with all material submitted in support thereof,
applicable statutes, regulations and policies.
opinion furnished by BUPERS memorandum 5420 PERS 862 of 11 June 2001,
is attached

  your naval record and
In addition, the Board considered the advisory

  your

  a copy of which

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.
to keep in mind that a presumption of regularity attaches to all official records.
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.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY

NAVY 
S710  
MILLINDTOW  

PIRSOWNLL  COMMAND
IWTEDRITY  

DRIVE

TN 

3805  

S-0000

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS (BCNR)

Via:

Assistant for BCNR Matters (PERS-OOZCB)

542 0
PERS-862
JUN 
1 

J 

2001

Ref:

(a) Assistant for BCNR Matters 5420 Pers-OOZCB Memo of

8 Jun 01

(b) BUPERSINST  

1430.16D

Encl:

( 1 ) BCNR File  

#03211-01

Per reference (a),

1.
are submitted concerning Petty Officer

the following comments and recommendations

s case.

recalled into the Training and
s (TAR) Program on 13 March 2000. At

he voluntarily accepted all the conditions of his
which included an administrative reduction in rate to

2~%
Ad
this time,
recall,
AME3. The determination of rating and  
active duty in the TAR Program is based on manning requirements
and available vacancies.
members must compete for advancement through the normal enlisted
advancement system per reference  

Once recalled into the TAR Program, all

paygrade  for all recalls to

(b).

3.
his
unfair to all those recalled under similar conditions that must
now compete through the normal enlisted advancement system. No
injustice has occurred in this case, there is no basis for
reinstatement of his time in rate,
petition to do so be denied.

,tvoluntarily  accepted the conditions of
hose conditions after the fact would be

and we strongly recommend his

By direction



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