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NAVY | BCNR | CY2003 | 04293-03
Original file (04293-03.pdf) Auto-classification: Denied
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 



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