DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 8012-02
10 December 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.
& accordance with administrative regulations and
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 10 December 2002. Your allegations of error and
iqjustice were
the
reviewed
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. In addition, the Board considered the advisory
opinion furnished by NPC memorandum 5420 Pers 911 of 8 November 2002, a copy of which
attached.
pr&edures applicable to
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
In this regard, it is important
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE
NAV Y
NAVY PERSO NNEL
MILLINGTON TN
5720 INTEGRITY DRIVE
COMMAND
38055-0000
5420
Pers-911
8 Nov 02
MEMORANDUM FOR DIRECTOR, LEGISLATIVE MATTERS/CONGRESSIONAL
ADVISOR OFFICE/BCNR CORDINATOR
(PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF
Ref: (a)
(b)
(c)
(d)
1533.12F of 14 May 98
CNETINST
42 COMPGEN 669; B-150780, June 7, 1963
45 COMPGEN 363; B-158027, December 20, 1965
\
Title 10 U.S.C.
(1) BCNR memo
!5420 PERS-OOZCB of 5 Nov 02
Enclosure (1) is returned with the recommendation that CAPT
s request to add 30 days of additional active duty to his
ement of Service for Naval Reserve retirement, be denied. We
will complete his Naval Reserve career on 1
nearly 2800 points,
and is eligible for
note that
retired pay at age 60.
Encl:
1.
References
(b) and
(c) authorized summer
A review of
As contained in reference (a),
2.
the summer training periods
held annually for NROTC midshipmen students are normally four to
eight weeks in length.
training periods held annually for NROTC midshipmen students as
creditable service under section 1405 of reference
3.
that he accepted an
program on September 16,
U.S. Navy on June
training period would have been authorized by official NROTC
Summer Cruise orders,
his arrival
which would have been endorsed upon both
CAPT
permanent personnel record contains no such orders, nor
documentation (for example, page 13 entries, pay
travel or subvouchers,
's permanent personnel record shows
ment as a midshipman in the NROTC
and departure from the training activity.
1971 and was later commissioned in the
As an NROTC student, each summer
etc.) to determine the dates of
8,.1973.
CAPT
(d).
vouchers,
his summer training period.
4.
The number of actual days served by NROTC students on summer
training cruises can vary from as little as three weeks to up to
eight weeks.
excused from a summer training period for valid reasons.
We also understand that students are sometimes
*
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF
Therefore,
documentation specifically indicate arrival/departure dates as a
prerequisite to adjusting a retirement point record.
we feel it necessary that summer training cruise
CAPT.
Additionally,
Documentation provided by
5.
circumstantially indicates that he
in July 1972.
a midshipman'
This supports
days of duty.
the pay was for a summer training cruise or to identify the
specific dates of the training.
in enclosure (1)
e been in a pay status
our research indicates
act, 50 per cent of an Ensign's pay.
30
contention that he was paid for
there is no documentation to verify that
However,
that,in 1972,
Because this issue involves a financial obligation for the
6.
U.S. Government,
circumstantial evidence.
these types of requests in our regular correspondence and we have
always enforced a consistent policy of requiring specific
documentation before agreeing to update an individual's
we can not support making a decision based on
We receive a substantial number of
t record.
ase as well.
s ability to try to correct his record. We
We believe this policy should apply to
there is no time limit
Additionally,
encourage him to continue his research into this matter.
want to contact the Defense Finance and Accounting Service
at l-800-255-0974 to see if they have pay records on him back to
1972.
they may be able to identify the period for which
he was paid.
We will be glad to reconsider our recommendation if
he finds new information.
If so,
He may
(DFAS)
If BCNR decides to
7.
need to be provided with constructive starting and ending dates
for his active duty period to allow us to update his record.
s request, we will
approv
8.
commercial
Point of contact in this matter is
(901) 874-4497 or DSN 882-4497.
CD- PERS-911, at
Director,
Administration Division
Naval Reserve Personnel
2
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