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NAVY | BCNR | CY2002 | 04354-02
Original file (04354-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

2 

NAVY 

ANNEX

WASHINGTON DC 20370-510

0

Y

S

LCC:ddj
Docket No: 4354-02
20 August 2002

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 20 August 2002.
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.
opinion furnished by NPC memorandum 5420 Pers
attached.

In addition, the Board considered the advisory

Your allegations of error and injustice were

9llC of 22 July 2002, a copy of which is

 

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. 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

NAVY 

PERSONNEL COMMAN
INTEGRITY DRIV

5720 

E

MILLINGTON TN

 

35055-0000

D

IN REPLY REFER TO

5420
PERS-911C
22 Jul  02

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (PERS-OOZCB)

S

Ref:

(a) CNETINST 
(b)
(c)
(d)  Title 10 U.S.C.

42 COMPGEN
45 COMPGEN

669;
363;

1533.12F  of 14 May 98

B-150780,
B-158027,

June 7,
December

CASE OF

1963
20,

1965

Encl:

(1) BCNR memo 5420 PERS-OOZCB of 28 Jun 02

Enclosure (1) is forwarded with the following comments and

1.
recommendations concerning
Statement of Service for Naval Reserve Retirement by receiving
credit for his midshipman summer cruises of 1969 and 1970 adding
an additional 82 days of active duty.

m  request to correct his

References 

(b)  and 

As contained in reference (a),

2.
summer training periods held
annually for NROTC midshipmen students are normally four to eight
weeks in length for each of the three summers a scholarship
student is in the NROTC program.
(c)
authorized the summer training of an officer as a non-academy
midshipman as creditable service under section 1405 of reference
(d).
Review of
3.
an appointment
September 1968,
U.S. Navy on 26 May 1973.
training period required orders.
endorsed upon both his arrival and departure and would be
required when he filed this travel claim at the end of the
cruise.
orders,
in 1972 which is already reflected in his Naval Reserve
Retirement Point Capture.

Regrettably,
but only the documentation to support the summer cruise

official record shows that he accepted
ipman in the NROTC program on 23

As an NROTC midshipman, each summer
These orders would have been

and was later commissioned as an Ensign in the

official record contains no

.

Although we have no reason to doubt

4 .
policy has been to require documentation in cases that affect
monetary entitlements.
standard over the years to support the award of retirement
points.
denied.

We have specifically 

Therefore,

we recommend 

that-  petition be

insistedson  this

:.

claim, our

5.
CAPT-completes  30 years of commissioned service and is
scheduled for transfer to the Retired Reserve on 1 June 2003. He'
has accumulated approximately 3773 points towards a Naval Reserve
retirement,
which he will become eligible to receive on his 60th
birthday in July 2010.
records/documentation of performance of his summer cruises.
points can be credited at any time in the future should such
information be provided to us.

We suggest he continue to search for

We regret a more favorable response is not possible in this

6.
instance.
Point of contact
DSN 882-4491 or commercial 

(

Such

at

Naval'Reserve  Personnel
Administration Division



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