DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 4624-02
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.
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.
opinion furnished by CNO memorandum 7220 Ser
which is attached.
In addition, the Board considered the advisory
N130G/02U0397 of 7 August 2002, a copy of
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.
to keep in mind that a presumption of-regularity attaches to all official records.
when applying for a correction of an official naval record, the burden is on the
demonstrate the existence of probable material error or injustice.
In this regard, it is important
Consequently,
applicant to
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. D.C. 20350-2000
N130G/02u0397
Ser
7
Aug 2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
/
Subj:
Ref:
Title 10, Section 1401
Title 10, Section 1407
Title 10, Section 513
(a) U.S.C.,
(b) U.S.C.,
(c) U.S.C.,
(d) Public Law 99-348
(e) Public Law 96-342
(f) Public Law 96-513
Encl
(1) BCNR Case File
Record
#046
24-O 2 w/Microfiche Service
Per your request,
1.
enclosure (1) is provided.
the following recommendation concerning
L.
Enclosure
(l), the petitioner is requesting special
3
consideration for wavier of his Date of Initial Entry into
Military Service(DIEMS) date of 18 March 1986 to be eligible to
elect the Career Status Bonus under REDUX pay system to prevent
financial hardship.
"first became a member"
In accordance with reference (a) through (f),
"DIEMS" pertains to the earliest date of member's
Background:
3.
the meaning of
element
lar or reserve component of the uniformed
enlistment
"Record of Military Processing
s DD form 1966
services.
in his permanent service
Armed Forces of the United States"
record that he enlisted in the United States Navy on 18 March
1986.
and the corresponding data
’
The National Defense Authorization Acts of 1981 and 1986
4.
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
ICC
However,
it offered those who initially became members on or
1986 the option to elect the Career Status Bonus
15th anniversary of active duty if they agreed
5.
after August 1,
and REDUX on their
to remain continuous on active duty to their
20th 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.
Therefore,
6.
reauest.
N130G recommends disapproval of the petitioner's
1
Medical Pay Section
(N130G)
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