DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP:ddj
Docket No: 5 186-02
24 September 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.
611 24 September 2002. 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 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by CNO memorandum 5420 Ser
which is attached.
N130D/000212 of 30 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. 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.
In this regard, it is important
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATION
2000 NAVY PENTAGO
N
WASHINGTON.
D.C 20350.200
0
S
IN
REPLY
REFER
TO
5420
Ser
AUG 3 0
2002
N133D/
o(-j()z12
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Via:
Assistant for BCNR Matters
(PERS-OOXCB)
Subj:
OF
Ref:
(a) SECNAVINST
7220.80E
Encl:
Docket Number 05186-02
1. Forwarded, recommending disapproval.
Office
2 . On 19 June 1998, Petty
Submarine Career Screening Gate
(SSFD) of 19 June 1986.
Submarine Service Entry Date
64 months Total Operational Submarine Service (TOSS) by June
1998, eight months short of the required 72 months TOSS.
reference (,a), entitlement to CONSUBPAY stops at this point for
any submarine Sailor who did not have at least 72 months of TOSS
upon reaching his 12 YRGT.
r
(YRGT) date based on his
zeached his 12 Year
Per
He earned
Member was assigned shore duty of his choice in Kings Bay,
2.
Georgia on 19 November 1999 where he knowingly did not draw
CONSUBPAY for three years.
upon failure to meet 12 YRGT date and was subsequently paid
OPSUBPAY until detaching from the submarine USS NEBRASKA (SSBN
739 BLUE) on 03 November 1999.
CONSUBPAY during the subsequent shore tour, there has been no
Family Hardship due to recoupment of pay.
Since he did not receive
His CONSUBPAY stopped on 23 June 1998
3.
A thorough review of his career history indicates that he did
not have sufficient TOSS for continued entitlement to CONSUBPAY.
Reference (a) explicitly disall
fficient TOSS.
Program Manager
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