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NAVY | BCNR | CY2004 | 01068-04
Original file (01068-04.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVYANNEX
                                              WASHINGTON DC 20370-5100       

                                                                                                   LCC:lc
                                                                                                   Docket No: 1068-04
                                                                                                   11 May 2004



 Dear:
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 11 May 2004. 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-48 12, 26 April 2004, 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,



W. DEAN PFEIFFER
Executive Director

Enclosure



DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-48l2
26 Apr 04
MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

Via:      Assistant for BCNR Matters (PERS-OOZCB)
Subj:    CONI4ENTS AND RECOMMENDATIONS IN THE CASE OF ENFN , USNR,
Ref:      (a) Assistant for BCNR Matters 5420 PERS-OOZCB Memo of 22 Mar 04
 (b) BUPERSINST 1430.16E
1.       Per reference (a), the following comments and recommendations are submitted concerning Fireman case.

2.       There are no provisions to grant member’s request. Per reference b, member must have affiliated or reenlisted in the Naval Reserve within 12 months of the date of release from active duty.

3.       We recommend Fireman petition be denied.




 By direction

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