Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 05721-03
Original file (05721-03.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

LCC:ddj
Docket No: 5721-03
9 September 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 9 September 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 7220 Pers 823 of 22 April 2002, 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.

Enclosure

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000

5720 INTEGRITY DRIVE

7220
PERS-823
22 Apr 02

MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)

Subj

Ref:

Encl:

(a) BCNR MEMORANDUM 5420 PERS-OOZCB of 12 Aug 03

(1) 1811 PERS-823 Ser-115 dtd 18 Aug 2003

the

Fleet

December 4, 1987 (now

service  record

Reserve on April

Per reference (a),  

1.
revealed that he was transferred to

A review of

Public Law 100-180, enacted  

1965 .

codified in Title 10, U.S. Code, Section 
for advancement on the retired list to the highest grade

’ in  which a member served on active duty satisfactorily as

6334),  provides

determined by the Secretary of the Navy.
representatives of the Judge Advocate General of the Navy
.?,lve  determined that only members who transfer to the Fleet
;3eserve  after 4  December  1987 are eligible for consideration to
advance on the retired list.
Ito  the Fleet Reserve prior to that date'he is ineligible for
advancement to a higher grade.

Since-  was transferred

Legal

My POC in this matter is Mr.

2.
874-3250.

he may be reached at (901)



Similar Decisions

  • NAVY | BCNR | CY2003 | 03865-03

    Original file (03865-03.pdf) Auto-classification: Denied

    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 7220 PERS-823 of 2 July 2003, a copy of 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...

  • NAVY | BCNR | CY2002 | 01184-02

    Original file (01184-02.pdf) Auto-classification: Denied

    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 7220 Pers 823 of 22 April 2002, a copy of which is attached. when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error...

  • NAVY | BCNR | CY1998 | 06586-98

    Original file (06586-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 1999. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure DEPARTMENT OF THE NAVY WAVY P E R I O W W U C O Y Y A N D 5720 IWTE9RWY DRIVE MILLIWOTON I N 38055-0000 1830 Pers823 Ser 45 1 1 Jun 1999 Subj: COMMENTS AND RECOMMENDATIONS ICO - Ref: (a) Pers-OOXCB ltr of 3 1 March 1999 NAVAL RECORDS Encl: (1) BCNR File with Microfiche Service Record MEMORANDUM...

  • NAVY | BCNR | CY1998 | NC9806586

    Original file (NC9806586.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 1999. 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. Subject member petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and or remove injustices in the service record.

  • NAVY | BCNR | CY2001 | 08517-00

    Original file (08517-00.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 LCC:ddj Docket No: 25 September 2001 8517-00 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. Your allegations of error and A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application injustice were reviewed in...

  • NAVY | BCNR | CY2002 | 01374-02

    Original file (01374-02.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAV Y BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 LCC1:yr.j Docket No: 1374-02 0 July 2002 is After careful evidence injustice. Extraordinary Heroism was sent to the Secretary of the Navy (board of Decorations and Medals) on 08 May 02. request was returned with the board recommendation that a request for determination of NOT BE accorded the. the Navy Pcrsonrzal the Navy approves the recommendation of the e-F.---__._ -.

  • NAVY | BCNR | CY2001 | 03604-01

    Original file (03604-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2001. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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. Reference (a) requested comments and recommendations in Petitioner...

  • NAVY | BCNR | CY2002 | 01832-02

    Original file (01832-02.pdf) Auto-classification: Denied

    Specifically, Petitioner requests to be retired (b) requires TO years active commissioned service Reference 2. to retire as an officer. request was erroneously processed through PERS-822; while correcting that error, Navy as an officer while a member of the Fleet Reserve and only served 5 years, service. If I indeed do not have the 10 years required to retired as an officer, I certainly have the more than thirty years total active and inactive service to allow me retirement at the highest...

  • NAVY | BCNR | CY2003 | 06133-03

    Original file (06133-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2003. 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. Per .reference (a) , recommend BCNR not correct -record Benefit Plan (SBP).

  • NAVY | BCNR | CY2008 | 10558-08

    Original file (10558-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2010. However, at no time prior to his death did he ever request to transfer to the Fleet Reserve in a retired status. 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.