DEPARTMENT OF THE NAVY
BOARD
FORCORRECTlON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 8132-98
27 August 2001
This is in reference to your request for further consideration of your
correction of your naval record pursuant to the provisions of title 10
Code, section 1552.
application for
of the United States
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 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.
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.
It substantially concurred with the rationale of the minority member of the panel
of the Board who recommended the denial of your application on 25 April 1991, and the
action of the former Deputy Assistant Secretary of the Navy for Manpower of 4 September
199 1, who denied your request for corrective action.
The additional evidence and arguments
submitted by your counsel were not considered probative of error or injustice in your case.
In this regard, it concluded that the provisions of 10 U.S. Code 1372, which pertain to
advancement on the Retired List, were not misapplied in your case. The Board noted that as
you were released from active duty prior to your promotion eligibility date, you were not
entitled to be advanced on the retired list to the next higher grade, regardless of the
circumstances of the discovery of your disability. As indicated in the advisory opinion
rendered during the Board’s initial review of your application, you would have been
advanced on the Retired List had you been on active duty on 30 April 1990, but as you were
released from active duty on 17 February 1990, you were not eligible for advancement.
In view of the foregoing, 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
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