DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 4348-01
21 August 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 21 August 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.
opinion furnished by BUPERS memorandum 5730 PERS
which is attached.
In addition, the Board considered the advisory
913Cl of 31 July 2001, a copy of
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 NAV
PERSONNEL COMMAN
NAVY
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
D
573 0
PERS
31 Jul 01
913Cl
MEMORANDUM FOR
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR ADVISORY OPINION IN THE CASE OF FORMER MEMBER
Ref:
(a) PERS OOZCB Memo of 13 Jun 01
(b) BUPERSINST
(c) COMNAVRESFORINST
1001.39D
1740.1A
.*
Encl:
(1) BCNR File 4348-01
Per reference (a), enclosure (1) is returned with the
1. .
following recommendation and comments:
a. Recommend disapproval of SK2 Mattingly's request to be
awarded separation pay.
b
xv.;,;
.c
gly is seeking a "lump sum" separation benefit,
under the provisions of the Reserve Transitions Benefit (RTB)
program, based on his service in the Naval Reserve for a period
of more than 16 but less than 20 years.
C . Per references
(b) and (c),
the RTB program provides
specific benefits for Selected Reservists involuntarily
separated from the Naval Reserve during the RTB program period
(23 October 1992 to 31 December 2001).
requirements for RTB benefits are:
Basic eligibility
(1) The member has been a Selected Reservist for at least
a year and,
(2) The member is involuntarily removed from a paid
This
billet and not offered a further paid assignment.
provision includes removal from a paid billet because of High
Year Tenure (HYT).
.
FORMER MEMBER
d. The type of RTB benefit is based on years of service.
Selected Reservists who have completed more than 6 but less than
are eligible for separation pay.
15 qualifying years of service
Reservists with more than 15 but less than 20 qualifying years
of service are eligible for retired pay at age 60.
e .
states he left the Naval Reserve because of
) and is therefore entitled to (RTB).
High Year Tenure
However, the -documentation submitted does not reflect an
involuntary transfer from a pay status because of HYT.
reflect that he voluntarily elected to terminate his Selected
Reserve status in February 1999 because of "work conflict and
family matters."
HYT action until 31 December 1999.
serbice, SK2
years of
separation pay even i
If eligible for RTB, SK2
retired pay at age 60.
He would not have been subject to involuntary
Additionally, with over 16
would not have been eligible for
een eligible for RTB
would have been eligible for
benefit"s.
Records
fl
f. Accordingly,
there is no indication of an error or
If he has additional
case.
es an involuntary removal action, or
we will support reconsideration of
injustice in SK2
information that su
another error or injustice,
his request for appropriate RTB benefits.
meets current recruiting requirements, he may also apply for
reenlistment in the Naval Reserve.
him with the opportunity to earn a reserve retirement upon
completion of 20 years of qualifying service.
directed to contact his nearest Naval Reserve recruiter to
determine his eligibility to reenlist,
this option.
Reenlistment would provide
if he desires to pursue
He should be
If SK2'
Additional questions may be directed to PNC
2.
(901)874-4508 or DSN 882-4508.
at
By direction
2
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