DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH: ddj
Docket No: 566940
26 June 2001
This is in reference to your application for correction of your deceased spouse’s 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 23 January 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 spouse’s naval record
In addition, the Board considered the advisory
and applicable statutes, regulations and policies.
opinion furnished by BUPERS memorandum 1811 PERS-822 of 16 October 2000, 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. By statute, CDR Knoizen’s time at the Uniformed Services University of
Health Sciences (USUHS) cannot be credited for retirement. 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.
Docket No. 566940
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,
,
Enclosure
DEPARTMENT OF THE NAVY
NAVY
PLRSOWWLL COMMAND
S720
INTLDRITY DRIVE
YILLlMDTo*
TN 2805 5-0000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters, PERS-OOZCB
'Subj:
Ref;
(a)
.
* (b)
NPC memo 5420 PERS-OOZCB of 25 Sep 00
10 USC 2126
(c) DODFMR Vol
7B, Chap 1, Section 010202
Encl:
(1) Retirement Statement of Service of 2 Aug 2000
Specifically,
Reference (a) request comments and recommendations in
1.
subject officer's case.
active duty credit for the time her husband was in the Uniformed
Services University of Health Science (USUHS) which would make
her husband retirement eligible and then her family would be
Secondly, Petitioner
entitled to the survivor benefit plan.
requests her husband be posthumously retired on the date of his
death under Temporary Early Retirement Authority (TERA).
Petitioner requests
(l), CDR
Some
In accordance with references (b) and (c), and as noted in
2.
time in USUHS is not creditable for
enclosure
d dental officers are entitled to
any purpose.
constructive credit for longevity purposes to reflect time spent
1981, the member
in medical and dental school if on September 1,
was enrolled i
officer.
CDR,
1989 and therefore is not entitled to constructive credit.
and was appointed a medical or dental
attended USUHS August 20, 1985 to May 19,
Congress did not appropriate funds for TERA in Fiscal Years
3.
2000 or 2001.
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