DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 07562-02
13 December 2002
This is in reference to your application for correction of your naval
provisions of title 10 of the United States Code, section 1552. You
your commander date of rank from 1 November 1995 to 1 November 1998.
record pursuant to the
requested adjustment of
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 December 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
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In addition, the
considered the advisory opinion furnished by the Navy Personnel Command dated
15 October 2002, a copy of which is attached. The Board also considered your letter dated
2 November 2002.
Roar-d
Board
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
NAV Y
NAVY PERSONNEL COMMAND
MILLINGTON TN
5720 INTEGRITY DRIVE
38055-0000
542 0
PERS-80
15 OCT
2002
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL, RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR C
IN CASE OF
Encl:
(1) BCNR File 07562-02
Ref:
(a) Title 10 USC
§ 741(d)
para 3
1.
Forwarded, recommending disapproval.
guest for a date of rank adjustment is not
ante with Title 10 USC
§ 741(d)(3) which
"the authority to change the date of rank of a reserve
states,
officer who is placed on the active-duty list to a later date
does not apply in the case of an officer who has served
continuously in the selected reserve of the Readv Reserve since
the officer's last promotion."
continuously in the Selected R
his last promotion date of 1 November 1995.
request for a date of rank adju
as served
ady Reserve since
Therefore, his
er Progression
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