DEPARTMENTOFTHE NAVY
BOARD F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
LCC:ecb
Docket No: 4293-03
29 July 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 29 July 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. In addition, the Board considered the advisory
opinion furnished by CNO memorandum 7220 Ser N130G103U0514 of 17 July 2003, a copy of
which is attached.
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,
Enclosure
DEPARTMENT OF THE N A W
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGT0N.D.C. 20350-2000
I N R E P L Y REFER T O .
7220
Ser N13 OG/ 03U0514
17 July 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Sub j :
Ref:
COMMENTS AND RECOMMENDATIONS ICO
(a) U.S.C., Title 10, Section 1401
(b) U.S.C., Title 10, Section 1407
(c) U.S.C., Title 10, Section 513
(d) Public Law 99-348
(el Public Law 96-342
(£1 Public Law 96-513
Encl : (1) BCNR Case File #04293-03 w/Microfiche Service
Record
1. Per your request, the following recommendation concerning
enclosure (1) is provided.
" ..
2.
Entr=DEP)
Date (ADSD) of 25 August 1986.
is requesting to change his DIEMS date from his Delayed
date of 14 July 1986 to his Active Duty Service
3. Background: In accordance with references (a) through (f), the
meaning of "first became a member" and the corresponding data element
"DIEMS" pertain to the earliest date of a member's enlistment, to
include the Delayed Entry Program (DEP). DEP qualifies as time in the
Inactive Ready Reserves (IRR) under the Navy's reserve component of
the uniformed . # h
beginning of his military service obligation, and the member's
retirement system by law.
? - ' s DTRMS date both establishes the
TI,,= ni? ?a,-:-.
I,
r
v
i
l
-
4. The National Defense Authorization Acts of Fiscal Years 1981 and
1986 excluded members who were already in the regular and reserve
service from modified retired pay computational methods in order to
avoid changing the retirement rules for existing members and adversely
affecting retention. The same is true of the National Defense
Authorization Act of Fiscal Year 2000 (NDAA FY OO), which repealed the
REDUX Retired Pay system and placed affected members under the High-3
retirement system. NDAA FY 00
offered those who initiated military service on or after 1 August 1986
the option to elect the Career Status Bonus and remain under REDUX
retired program on their 1 5 ~ ~
to remain on continuous active duty to their 2oth anniversary.
anniversary of active duty if they agreed
5. CIP(IILIOW DIEMS date precedes 1 August 1986, therefore he is
not e lglble for the Career Status Bonus and REDUX Retired Pay System.
Therefore, N130G recommends disapproval of the petitioner's request.
"Medical! Pay Section (N130G)
, Reserve and
NAVY | BCNR | CY2002 | 00817-02
In atldition, the Board considered the advisory 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 In this connection, the Board substantially conct~rrec-1 with the co~ii~nents contained in injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable niaterial...
NAVY | BCNR | CY2002 | 04624-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2002. 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. the following recommendation concerning L. Enclosure (l), the petitioner is requesting special 3 consideration for wavier of his Date of Initial...
NAVY | BCNR | CY2003 | 02422-03
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 LCC:ddj Docket No: 2422-03 24 June 2003 Dea r 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 24 June 2003. were reviewed in accordance with administrative...
NAVY | BCNR | CY2003 | 02102-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2003. 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. on 29 July 2002 offering him the opportunity ired pay system ve a $30,000 CSB by has an active duty message as well as NAVADMI and his command that he...
NAVY | BCNR | CY2003 | 02142-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2003. 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. would be irrevocable by law on his 15th CSB GENADMIN N learly notified ssage as well as that he was under The Career Status Bonus (CSB) Election Form,...
NAVY | BCNR | CY2003 | 00438-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2003. 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. A Career Status Bonus (CSB) GENADMIN Notification message was on 31 December 2001 offering him the REDUX retired pay system and receive a 2. released...
NAVY | BCNR | CY2003 | 02530-03
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 N130G/03U0386 of 6 June 2003, 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. released...
NAVY | BCNR | CY2003 | 00300-03
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 7220 Ser which is attached. 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.
NAVY | BCNR | CY2003 | 03377-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2003. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by OPNAV memorandum 7220 Ser which is attached. the following recommendation concerning enclosure (1) A Career Status Bonus (CSB) GENADMIN Notification message was 2. m on 12 August 2002 offering him the released...
NAVY | BCNR | CY2003 | 01118-03
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner made a timely election of the REDUX Retired Pay System and is entitled to a lump sum payment of the Career Status Bonus (CSB) in the amount of $30,000.00. The Board, consisting of Messrs. Leeman, Pfeiffer, and Ms. McCormick, reviewed Petitioner's allegations of error and...