D E P A R T M E N T O F T H E NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
LCC : dcii
Docket No: 8 17-02
14 May 2002
This is i n reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the IJnitetl States Code, section 1552.
A three-niember panel of rile h a r d for (krrection of Naval Records, sitting in executive session,
considered your application on 14 May 2002. Your allegations of error and injustice were
reviewed i n accordance with atliiiinistrative regirlations and procedures applicable to the
proceedings of this Board. Documentary material consitleretl by the Roartl consisted of your
application, together with all inaterial submitted in supl~ort thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by CNO nielnoranclil~il 7220 Ser N 130Ci/02U0108 of 13 March 2002, a copy of
which is attached.
In atldition, the Board considered the advisory
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
In this connection, the Board substantially conct~rrec-1 with the co~ii~nents contained in
injustice.
the advisory opinion. Accordingly, your application has been denied. The nanies and votes of
the meriibers of the panel will be furnished upon request. -
It is regretted that the circuliistances of yoirr 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
In this regard, i t is important
evidence or other matter not previoirsly considerecl by the Board.
to keep in mind that a presuniption 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 niaterial error or iqjirstice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
D E P A R T M E N T OF T H E N A V h
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. D.C. 20350-2000
L
7 3 2 O N R E P L Y R E F E R TO
Ser N130G/02~0108
13 Mar 2002
MEMORAN.lilM FOR 'THE EXECUTIVE DIRECTOF, BOARD FOR CORRECTTONS
OF NAVAL RECOR3S
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref :
,a) U.S.C., Tltle 10, Section 1401
I D ) U.S.C., Tltle 10, Sectlon 1407
z ) U.S.C., Tltle 10, Section 513
5 ) Public Law 99-348
2) Public Law 96-342
f i Publlc Law 96-513
Encl :
I ) BCNR Case File #00817-02 w/Microfiche Service
Record
I. Per your request, the f o l l o ~ i n g recommendation conc~rniny
enclosure ( 1 ) is 'provided.
En~:losure (11, the petitioner is requesting to alter his
n .
Delayed Entry Program (DEP) date of 26 June 1986 and substitute
it with his Active Duty Service Date (ADSD) of 22 August 1986.
3. Background: In accordance with reference (a) through (f),
the meaning of "first became a member" and the corresponding data
element "DIEMS" pertains to the earliest date of member's
enlistment in the Delayed Entry Program (DEP). DEP qualifies as
time in the Inactive Ready Reserves (IRR).unde.r the Navy's
reserve component of the uniformed services.
date not only establishes the beginning of his military service
obligation, but also establishes by law which retirement system
he is entitled to.
The member's DIEMS
4. The National Defense Authorization Acts of 1981 and 1986
excluded members who were already in the regular and reserve
service from the new retired pay computational methods in order
to avoid changing the rules and adversely effecting retention.
The same is true of the National Defense Authorization Act of
Fiscal Year 2000, which repealed the REDUX Retired Pay system and
placed affected members under the High-3 retirement system.
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
5. However, it offered those who initially became members on or
after August 1, 1986 the option to elect the Career Status Bonus
and REDUX on their
anniversary of active duty if they agreed
to remain continuous on active duty to their 2 o t h anniversary.
Since the petitioner's DIEMS date proceeds August 1, 1986, he is
not eligible for the Career Status Bonus and REDUX Retired Pay
System.
6. Therefore, N130G recommends disapproval of the petitioner's
request.
4
@i v F
Retired, Reserve and
,
Medical Pay Section (N130G)
a
d
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