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NAVY | BCNR | CY2001 | 05391-01
Original file (05391-01.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:  
2 October 2001

5391-01

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 2 October 2001.
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 NPC memorandum 5420 Pers 91 1 of
attached.

In addition, the Board considered the advisory

Your allegations of error and injustice were

 

5 September 2001,  a copy of which is

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
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,
ofticial naval record, the burden is on the applicant to
when applying for a correction of an  
demonstrate the existence of probable material error or injustice.

  upon submission of new and material

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

5420
Pers-911
5 Sep 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Subj:

Ref:

(c
(d
(e
if

N CASE OF

1533.12F of 14 May 98

CNETINST 
42 COMPGEN 669; B-150780, June 7, 1963
45 COMPGEN 363; B-158027, December   20, 1965
Title 
MILPERSMAN 1070-020
NRPC 
ltr 1070 N212

of 15 Jun 01

10 U.S.C.

.-

,

Encl:

(1) BCNR memo 5420 PERS-OOZCB of 29 Aug  

01

(3.) is returned with the recommendation that CAPT
sure 
request, to add 126 days of additional active duty to

his Statement of Service for Naval Reserve retirement, be denied.

Per reference (a), the summer training period held annually
2.
for NROTC midshipmen students is normally four to eight weeks in
a scholarship student is in
length for each of the three summers
References (b) and (c) authorized the active
the NROTC program.
service of an officer as a midshipman as creditable service under
section 1405 of reference (d).
documents that reflect an officer's entitlements, and affect or
influence a member's career and benefits, will be filed in the
permanent personnel record maintained by COMNAVPERSCOM.
Therefore, this service, when performed, should have been
documented in the member's permanent personnel record.

In accordance with reference (e),

appol

's permanent personnel record shows
ent as a midshipman in the NROTC

3.
A review of CAPT
that he accepted an  
program on September   23, 1960, and was later commissioned as an
Ensign in the U.S. Navy on June 3, 1964.
student, each summer training period should have been authorized
These orders would have been endorsed
via official Navy orders.
(upon both his arrival and departure and would have been required
CAPT
when he filed his travel claim at the end of the cruise.
s permanent personnel record contains no such orders, nor

As an NROTC midshipmen

Subj:

REQUEST FOR COMMENTS AND RECOMMENDATIONS. IN CASE OF
,*.

documentati.on,

any other  
vouchers, travel or subvouchers, training records etc.), to
vaiidate his claims that his summer training periods were
performed.

(for example, page 13 entries, pay

.

4.
The number of actual days served by NROTC students on each
summer training cruise can vary from as little as 21 to as many
as 56.
.a
Additionally, students are sometimes excused from  
summer training period for valid reasons.
Because of these
variations, specific documentation is required to verify the
actual number of days spent on summer training cruises before an
adjustment can be made to a retirement point record.

Accordingly, in the absence of any such documentation, we

5.
recommend CAPT
he continue to pursue this matter as advised in reference (f).
Documentation does not have to be provided before his retirement
pay eligibility date in May 2002.
submitted after May 2002  
any additional retirement pay entitlement.

wo*uld result in a retroactive payment of

's petition be denied.

We also recommend

Documentation that is

6. We regret a more favorable response is not possible
instance.
at DSN 882-4497 or commercial

Point of contact in this matter is Mr.

(901) 874-4497.

in this

Director, Naval Reserve Personnel
Administration Division

2



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