DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
LCC:ecb
Docket No: 5123-03
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. In addition, the Board considered the advisory
opinion furnished by NPC memorandum 5420 PERS 40CC dated 24 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,
Executive Direc
Enclosure
ERS 40CC
!h 2 4
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for Board for Correction of Naval Records
Matters (Pers-OOZCB)
Subi: BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) INQUIRY ICO
Issue: -is
entitlement in connection with Permanent change of station (PCS)
transfer from USS FRANK CABLE to Naval Special Warfare Unit One
(NSWU ONE).
requesting that he be granted COT
submitted a request for transfer from USS FRANK
Background:
-
CABLE in order to except orders to fill an E6 billet at NSWU ONE
located in Guam.
- PCS orders were issued and -transferred
FRANK CABLE 3 Feb 2003, five months shy of completing the 24
month prescribed DOD area tour.
from USS
Recommendation:
This office recommends denial of -request.
U7200 specifically states that the total time to be served at
the permanent duty stations (PDSs)+ must equal the sum of the
unaccompanied tour lengths for the PDSs. This policy is based on
Public Law which regrettably can not be waived.
JFTR
\
Point
- Mr.
, DSN: 882-3550 or Coml: (901) 874-3550.
.W.I.Y.r.'L-'I..
\
A. ..
Special ~ssistant
Enlisted Assignment Division
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