DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
Docket No: 7034-00
30 October 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the
Ifnited States Code, section
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 30 October 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.
In addition, the Board considered the advisory
opinion furnished by NPC memorandum 5420 PERS-9 of 2 October 2001, a copy of which is
attached.
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 substantiali-y 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. 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,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
N AVY
PERSONNEL COMMAN
5720 INTEGRITY DRIV
MILLINGTON TN 38055-000
E
D
0
5420
PERS-9
2 OCT
01
MEMORANDUM FOR EXECUTIVE DIRECTORS, BOARD FOR CORRECTION OF
NAVAL RECORDS (PERS-OOZCB)
:
Slibi
----
-
J
RESPONSE TO
REOUEST FOR COMMENTS IC
,.,-,,
Ref: (a)
PERS-OOZCB LTR of 15 AUG
PERS-92 LTR of 14
Dee 00
Attached BCNR Files
01
(b)
(c)
Per reference (a) the following information and
1.
comments are provided as background information for use in
formulating a decision:
is requesting an official change to
an ending date of involuntary PRC
As stated in reference (b) the
DD-
orders to 25 Mar 1998.
214 is appropriately completed and accurately reflects
periods of voluntary and involuntary recall.
as shown in reference (c),
section of the DD-214,
accurately indicate that the member was voluntarily
extended on active duty beyond 1 Mar 1998 in order to use
The remarks
Furthermore,
ave.
which acknowledged his agreement with the
f the document.
This document is accurate as
the DD-214 was signed by CDR
written;
there is no legal reason, to change it.
b.
By law (USC 12304) reservists cannot be
involuntarily retained beyond 270 days in support of a
For this reason members were
contingency operation.
provided their choice of either selling accrued leave
(normal 60 day career limit was waived) or voluntarily
extending for the purpose of taking
as stated in reference (b).
voluntarily retained on
period for leave purposes.
acti
pre-separation leave
hose to be
270-day recall
c .
wishes to have his DD-214 changed in
order to exempt him from a debt which resulted from
Subj:
RESPONSE TO REQUEST FOR COMMENTS ICO
overpayment of the Ready Reserve Mobilization Income
Insurance Program (RRMIIP).
$5,000 a month for his
However,
as designed.
paid for 25 days while in
purposes for a total of
The RRMIIP paid CDR
in an involuntary
$4,166.67.
a voluntary status for leave
reca
was also incorrectly
d.
LCDR
has
rechecke
indicate he did indeed contact CDR
1999 to inform him of the RRMIIP overpayment.
ords which
n in April of
2 .
Recommendations:
a.
It should be left as is
in the official record as executed and dated 1998 March 25.
Do not alter the DD-214.
b.
obliga
should not be relieved of the payback
rpayment.
My POC for this matter is LCDR
3.
874-4520 or DSN: 882-4520.
at Comm:
(901)
S. Naval Reserve
Reserve
Personnel Management
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