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)
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