DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No: 62 15-01
16 October 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title
Ilnited States Code, section
IO of the
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 October 2001.
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum 5730 Pers 913 of 13 September 2001, a copy of which
is attached.
In addition, the Board considered the advisory
thie Board consisted of your
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.
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.
In this regard, it is important
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
5730
PERS-913
13 Sep 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
(a) PERS OOZCB Memo
(b) PHONCON bwtn
YNl
!JRC Columbus GA
6110/2523
25/REN/A002043 of 27 Jan 00
ltr 6000 PERS-913 of 3 Feb 00
10R:lll PEB Index No. N20100537
ltr
BUMED
(c)
(d) Our
(e) PEB itr 1850
of 31 May 01
ltr 6000 PERS-913 of 5 Jun 01
(f) Our
(g) BUPERSINST
(h) NRC Columbus GA
1001.39D
ltr 7000
NO0 of 28
Jun 01
Encl:
(1) BCNR File 6215-01
Per reference (a),
the following comments and
1.
recommendations are submitted concerning
for corrective actions regarding his Time
retroactive drill pay/drill credit and
of qualifying service,
refund of-retroactive Serviceman's Group Life Insurance (SGLI)
premiums:
requests
IR), years
a.
BUMED found
Per reference (b) our research indicates that YN
was injured while on Annual Training (AT) on 27 August 1
Per reference (c),
qualified for retention due to
with no waiver
that
Reserve Center (NRC),
Voluntary Training Unit
(dj also directed NRC Columbus to
the opportunity to participate via correspondence courses for
retirement points to attain qualifying years".
Columbus GA to transfer him to the
(VTU) in a non-drill status.
recommended.
Our letter,
s not physically qualified and directed Naval
not physically
disk on 27 Jan 00,
"inform member in writing of
reference
(d), stated
Reference
Subj:
REQUEST FOR ADVISORY OPINION IN THE CASE OF
b.
In response to reference (d),
review of his case by the Physical Eva
reference (e),
the informal PEB found
qualified.
PEB.
Evaluation Board found
active reserve service and he was authorized to return to a
drill pay status.
(e) and (f), the President, Physical
YN2wphysically qualified for
he elected a formal hearing with the
Per references
Subsequently,
Per
t physically
specific concerns are addressed as follows:
has requested a correction to his TIR because
eves that he lost time during the
a.
he appa
was physically disqualified.
was advanced effective
and effective
personnel are placed in the VTU in an Authorized Absence "AA"
category.
no correction to his TIR is required.
date of advancement are not adjusted when
95JUN16 with a TIR date of
Our research indicates
Therefore,
95JANOl.
TIR
b.
Because
(years) of serv
calculated based on his
September 01, 2001,
and 9 days total
remained on contract, his length
His LOS is
ontinued to accrue.
Entry Base Date of 25 May 88.
Pa
service of which
has completed 13 years, 3 months
9 years, 2 months and 13 days
As of
YN2
idered to be qualifying for purposes of retirement.
id not earn the required minimum 50 points per
ary year from the period August 1998 through August
These two years count towards longevity because he held
but do not count
There is no record that
as directed by reference
2000.
military status,
service.
writing,
to participate in correspondence courses to earn retirement
points towards qualifying years
second class petty officer with
should be expected to exercise reasonable initiative to ensure
an understanding of the requirements to attain qualifying years
of service.
justifies awarding him qualifying service for the period he was
physically disqualified.
we do not believe that this error
Therefore,
ars of qualifying
was counseled in
ding his opportunity
nt. However, a
level of experience
2
Subj:
C .
Reference (f) authorized YN2
but did not authorize any
(g), members in a medical hold status are
Per reference
no.t permitted to drill.
return to a drill pay status
retroactive drill entitlements.
findings applied only to his physical condition at the time of
the hearing and did not address his physical qualification for
Naval Reserve
recommend that YN2
and credit for drills that he did not perform, be disapproved.
Accordingly, we
request for retroactive drill pay,
service prior to the hearing.
Additionally, the
PEB's
to
d.
Per reference (b), YN2
’
options regarding SGLI coverage while in a VTU.
(h), NRC Columbus has requested that the Defense Finance
Accounting Service (DFAS) refund the retroactive premiums. We
recommend that this issue be addressed to DFAS.
was not counseled on his
Per reference
My point of contact is PNC
3.
882-4508.
at (901) 874-4508 or DSN
Director,
Naval Reserve
Administration Division
Personnel
3
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