DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No: 7179-02
29 October 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 29 October 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 5420 Ser
which is attached.
In addition, the Board considered the advisory
N133D1000270 of 8 October 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 applicant to
demonstrate the existence of probable material error or injustice.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
OFFICE OF THE CHIEF OF NAVAL OPERATION
N
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350.2000
Y
S
IN
REPLY
REFER
TO
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
-
.
Via:
Subj:
Assistant for BCNR Matters
(PERS-~~XCB)
Ref:
SECNAVINST
7220.80E
‘9
Encl:
Docket Number 07179-02
1.
Forwarded, recommending disapproval.
,
On 06 July 1998 then First Class Petty Officer
2.
transferred to a non-submarine assignment with a Projected Rotation
Date (PRD) of July 2001 (September 2002 required for continued
entitlement to CONSUBPAY).
of October 1981, High Year Tenure
from member's ADSD, or October 2001 for Chief Gardner since he was
an E-6 at the time.
Service
CONSUBPAY.
He executed a four month extension on or about 06 July
1998, ostensibly to obtain the necessary obligated service to match
making his SEAOS 19 July 2001.
his Soft EAOS
With an Active Duty Service Date
(HYT) for an E-6 was 20 years
(EAOS) was 19 March 2001 and he was not eligible for
At that time his Expiration of Obligated
(SEAOS) with his PRD,
(ADSD)
During his shore tour he did not have sufficient OBLISERVE to
3.
Additionally, he did not
allow him to be eligible for CONSUBPAY.
seek a HYT waiver to allow him to move his PRD out to a point that
would allow him to be eligible for CONSUBPAY.
On 06 July 1998, Chie
4 .
he would not receive CONSUBPAY until he signed a qualifying
extension.
upon his advancement to Chief Petty Officer, which started
CONSUBPAY for him.
He signed a qualifying extension on 15 September 2000,
signed a page 13 acknowledgin
g
The intent of CONSUBPAY is to gain co
Chief
5.
from those Sailors who can do so.
action that would have enabled him to return to sea until he was
advanced to Chief Petty Officer and agreed to transfer back to sea.
quately compensate
At that time, his CONSUBPAY was
him.
nt to return to sea
did not take any
Program Manager
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