DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
LCC:ddj
Docket No:
25 September 2001
8517-00
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.
25 September 2001. Your allegations of error and
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application
injustice were reviewed in accordance with ad ministrative 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 BUPERS memorandum 1830 Pers 823 Ser
of which is attached.
158 of 21 August 2001, a copy
on
After careful and conscientious consideration of the entire record, the Board found that the
insufticient to establish the existence of probable material error or
evidence submitted was
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. In this regard, it is important
presumbtion of regularity attaches to all official records. Consequently,
to keep in mind that a
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
DEF
2TMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
1830
Pers823
Ser 158
21 Aug 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
Encl:
NDATIONS ICO
(a) Pers-OOXCB
ltr of 26 Jul 01
(1) BCNR File with Microfiche Service Record
1. Reference (a) requested comments and recommendations in
subject member's case.
reinstatement to
paygrade E-7 on the Retired List.
Specifically,
Petitioner requests
2. Petty Officer Blay was reduced in rate due to his conviction
by civilian authorities by the Secretary of the Navy as a result
of an Administrative Discharge Board.
each member of the naval service who, after December 4,
retired with less than 30 years of active service or is
transferred to the Fleet Reserve is entitled, when his active
service plus his service in the Fleet Reserve totals 30 years,
to be advanced on the retired list to the highest grade in which
he served on active duty satisfactorily, as determined by the
Secretary of the Navy.
As stated in 10 USC 6334,
1987, is
3. Based on the above action,
service in
reinstatement on the Retired List is not authorized.
paygrade E-7 was not satisfactory and advancement or
it has been determined that his
4.
Enclosure (1) is returned.
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