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NAVY | BCNR | CY2002 | 10286-02
Original file (10286-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
 WASHINGTON DC 20370-5100

          LCC:ecb
                                             Docket No: 10286-02
                                                                                          5 August 2003

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 5 August 2003. 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.

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. US Code Title 10, Section 6334 provides that individuals who held a higher paygrade and were administratively reduced through no fault of their own may be advanced to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Navy. This provision pertains to individuals who are transferred to the Fleet Reserve on or after 4 December 1987. 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.







Enclosure
Sincerely,
10 § 6333

Revision Notes and Legislative Reports
 1983 Acts. Senate Report No. 98—174 and House Conference Report No. 98—352, see 1983 U.s. Code Cong. and Adm.News,p. 1081.
1994 Acts. House Report No. 103—499 and House Conference Report No. 103—701, see 1994 U.S. Code Cong. and Adm. News, p. 2091.
1996 Acts. House Conference Report
 No. 104—450, see 1996 U.S. Code Cong.
 and Adm. News, p. 238.
 House Report No. 104-563 and House
 Conference Report No. 104—724, see
1996 U.S. Code Cong. and Adm. News, p.
          2948.
          Amendments
          1996     Amendments. Subsec.      (a).
 Pub.L. 104—106, § 1503(b)(3), struck out first period after “section 1405” in Formula C under Column 2 in table.
 ‘        Subsec.  (c).     Pub.L.   104—201,
 § 532(d)(2), added subsec. (c).
          1994     Amendments. Subsec.      (a).
 Pub.L. 103—337 substituted “the years of
service that may be credited to him under
 NAVY AND MA1~INE COR!’S SuJt. ç
HISTORICAL AND STATUTORY NOTES
section 1405.” for “his years of active service in the armed forces” in Formula C under Column 2 in table.
1986 Amendments. Pub.L. 99—348 designated existing provision as subsed. (b)(1), and in subsec. (b)(1) as so designated, substituted “under this section” for “under this chapter”, and added subsecs. (a) and (b)(2).

Effective Dates
1994 Acts. Amendment to this section by section 635(b) of Pub.L. 103—337 to apply to the éor~nputation of the retired pay of any enlisted member who retires on or after Oct. 5, 1994, to the computation of the retainer pay of any enlisted member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to the recomputation of the retired pay of any enlisted member who is advanced on the retired list on or after Oct. 5, 1994, see section 635(e) of Pub.L. 103—337, set out as a note under section 1405 of this title.
Section effective Oct. 1, 1983, see section 922(e) of Pub.L. 98—94, set out as a
note under section 1401 of this title.

LIBRARY REFERENCES

American Digest System
 Armed Services @‘13 to 13.5, 23 to 23.4.
Encyclopedias
 C.J.S. Armed Services §~ 5, 29, 80, 82, 104 to 112, 114 to 121, 126.
WESTLAW ELECTRONIC RESEARCH

 Armed Services cases: 34k[add key number]
See WESTLAW guide following the Explanation pages of this volume.
§ 6334.
 Higher grade after 30 years of service: warrant officers and enlisted members
(a)      Each member of the naval service covered by subsection (b) who, after December 4, 1987, is retired with less than 30 years of active service or is transferred to the Fleet Reserve or Fleet Marine Corps Reserve is entitled, when his active service plus his service on the retired list or his service in the Fleet Reserve or the Fleet Marine Corps Reserve totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Navy.
(b) This section applies to—
730


Ch. s1~i VOLUNTAR’~ RETIREMENT   14) § 6334
(1)      warrant officers of the naval serxdèC;
(2)      enlisted members of the Regular Navy and Regulãr~Marine Corps; and
(3)      reserve enlisted members of the Navy and Marine Corps who, at the time of ietirément or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, are serving on active duty.

(c)      An enlisted member of the naval service who is advanced on the retired list under this section is entitled to recompute his retired or retainer p~’y under fórniu~aA of the following table, and a warrant officer of the naval service so advanced is -entitled to recompute his retired pay under formula B of that table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of
$1.
         Formula  Column 1 Take    Column 2 Multiply by
A        Retired pay base• as computed ‘ The retired pay multiplier pre
                  under section 1406(d) or        scribed in section 1409 of this
                  1407 of this title.     title’ for the number of years
                           creditable for his retainer or
                           retired pay at the time of re-
                           tirement. 1
         B        Retired ‘pay’ base as computed   The retired pay multiplier pre-
                  under section 1406(d) of this   scribed in Section 1409 of this
                  title.  title for the number of years
                           credited to him under section
                           1405 of this title.
1 In determining the retired pay multiplier, credit each frill month of service that is in addition to the number of full years, of service creditable to the member as ~i2 of a year and disregard any remaining’ fractional part of a month.

(Added Pub.L. 100—180, Div. A, Title V, § 512(b), Dec. 4,1987, 101 Stat.
1089, and amended Pub.L. 101—189, Div. A, Title XVI, § 1622(g), Nov. 29,
1989, 103 Stat. 1605.)

HISTOk[CAL AND STATUTORY NOTES

Revision Notes and Legislative Reports and Statement by President, see 1989 1987 Acts. House RepOrt No. 100-58 U.S. Code Cong. and Adm. News, p. 838.
and House Conference Report No.
1’
100—446,         see 1987 U.S. Code Cong. and Amendments
Adm. News; p. 1018.      1989 Amendments. Subsec.. (a).
         Pub.L. 101—189, § 1622(g), substituted
l~89 Acts. House Report No. 101—121,    “December 4, 1987” for “the date of the
 House conferei~ce Report No: 101—331,    enactment of this section”.
          - ‘      , LIBRARY REFERENCES
‘Anierican Digest System
Armed Services ~13;5, 23.4.

Encyclopedias
C.J.S. Armed Services §~ 80, 114 to 121, 126.
731

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