DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
20370-5100
LCC:ddj
Docket No: 3604-01
24 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 24 July 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.
opinion furnished by BUPERS memorandum 1830 PERS 823 SER 134 of 6 July 2001, a copy of
which is attached.
In addition, the Board considered the advisory
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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENTOFTHE
NAV’r
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
1830
Pers823
Ser 134
6 Jul 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
COMMENTS AND RECOMMENDATIONS ICO
Ref:
Encl:
(a) Pers-OOXCB
ltr of 31 May
2001
(1) BCNR File with Microfiche Service Record
1. Reference (a) requested comments and recommendations in
Petitioner requests
subject member's case.
reinstatement to
paygrade E-6 for transfer to the Fleet Reserve.
Specifically,
was reduced in rate as the result of a
CO's NJP for violation of UCMJ Article 108, and did not request
paygrade E-6 prior to his release from active
reinstatement to
As stated in 10 USC
duty and transfer to the Fleet Reserve.
6334, each member of the naval service who, after December 4,
1987, is retired with less than 30 years of active service or is
transferred to the Fleet Reserve is entitled, when his active
service plus his service in the Fleet Reserve totals 30 years,
to be advanced on the retired list to the highest grade in which
he served on active duty satisfactorily, as determined by the
Secretary of the Navy.
3.As indicated in paragraph 2 above, Petty Officer
request advancement to
years total service.
may
paygrade E-6 upon the completion of 30
In view of the above,
4.
Petitioner's case.
denied.
no error or injustice occurred in
recommend his request be
I therefore,
5. Enclosure (1) is returne
irements Branch
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