DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 8073-01
10 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 10 September 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 NPC memorandum 7220 Pers 822 of 17 April 2002
1650 NDBDM 001 8 March 2002, a copy of which is attached.
In addition, the Board considered the advisory
& DON OFC of
SEC
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 NAVY
B UREAU OF NAVAL PERSONNE
5720 INTEGRITY DRIVE
*MILLINGTON TN 38055-0000
L
722 0
PERS-822
17 Apr 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters, PERS-OOZCB
Subj:
‘$
t
‘
+?a!
Ref:
MMENDATION ICO
:
:“:‘a:
(a) NPC memo 5420 PERS-OOZCB of 27 Mar 02
(b) SECNAVINST
1650.1F section 212
Encl:
(1) BCNR file
Reference (a)
1.
subject officer's case.
benefits of Extraordinary Heroism award, to include 10%
of retainer pay.
request comments and recommendations in
Specifically, petitioner requests
increase
Per reference
(b), only those personnel who are transferred
2.
to the Fleet Reserve are accorded the increase of retainer pay
for Extraordinary Heroism.
retired as an officer,
therefore he would unfortunately not receive any of the benefits
he is requesting.
This concurs with the opinion sent in by CDR
Fletcher.
3.
Enclosure (1) is returned.
Assistant
Officer Retirements
Branch Head,
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
1000
NAVY
WASHINGTON,
P,ENTAGON
1 C. 20352-1000
1650
NDBDM 001
8 March 2002
MEMORANDUM FOR BOARD FOR CORRECTION OF NAVAL RECORDS
SUBJECT:
Request for Advisory Opinion ICO
This case pertains to a pay policy issue, not an award issue.
1.
The service member was properly awarded the Silver Star Medal on
1 September 1969.
His case was also reviewed for Extraordinary
Heroism (EH),
and that was approved on 25 September 1969.
Title 10,
EH was an issue ancillary to his personal
but it is not an award in and of itself (medal or
claims that being accorded the benefits of EH is a
rd.
2.
pe
award,
decoration).
is clear that retainer pay is increased by 10 percent only for
those members transferring to the Fleet Reserve.
chose to retire as an officer,
and not as an enlisted member,
the wording of Section 6330 appears to preclude any increase in
retainer pay for reason of EH (whether or not that is fair is
another issue).
Section 6330 of the United States Code
Since
I reiterate that this is an opinion from an awards
3.
perspective.
office concerned with pay policy issues, particularly those of
retired personnel.
I recommend you seek another opinion from an
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