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NAVY | BCNR | CY2004 | 04714-04
Original file (04714-04.doc) Auto-classification: Denied


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

                                                              SRB
                                                              Docket No.
     4714-04




                                                                   16 March
                                                             2005





       Dear

       This is in reference to your application for correction of your naval
       record pursuant t the provisions of title 10 of the United States
       Code, section 155

       A three-member pa el of the Board for Correction of Naval Records,
       sitting in execute ye session, considered your application on 15
       March 2005. Your allegations of error and injustice were reviewed in
       accordance wit 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
       statute s, regulations and policies. In addition, the Board
       considered the advisory opinion furnished by BuPers memorandum 7220
       PERS 4822 dated, 7 August 2004 a copy of which is attached.

       After careful and conscientious consideration of the entire record,
       the Board found t at the evidence submitted was insufficient to
       establish the existence of probable material error or injustice. In
       this connection, he 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 re est.

       It is regretted t at 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 attached to all official records. Consequently, when
       applying for a correction of an official naval record, the burden is
       on the applicant t demonstrate the existence of probable material
       error or injustice.

                                              Sincerely,




       Enclosure






                           DEPARTMENT OF THE NAVY
                          BUREAU OF NAVAL PERSONNEL
                            5720 INTEGRITY DRIVE
                          MILLINGTON TN 38055-0000

                                                               7220
                                                               PERS-4 822
                                                               27 Aug 04

MEMORANDUM FOR ECUTIVE DIRECTOR, BOARD FOR CORRECTION OF


Via:  Assistant for BCNR Matters, PERS-3LC2

Subj: COMMENTS D RECOMMENDATION ICO ~


Ref:  (a) NPC m mc 5420 PERS-3LC2 of 27 Jul 04
        (b)      DQDF , Vol 7B, Chap 1, Table 1-5

End:  (1) State e t of Service dtd 12 Aug 04



1.    Reference (a request comments and recommendations in subject’s case.
Specifically, Petitioner requests correction of his Pay Entry Base Date
(PEBD) to reflect additional service at the U.S. Naval Academy (USNA).

2.    Per referenc (b), midshipmen at the USNA are entitled to credit for
basic p y purposes if appointed as a midshipman on or after 1 Jan 1953 a d
before 26 Jun 1956 and concurrently held an enlisted status n the Naval
Reserve. As shown in enclosure —  as appointed as a midshipman prior to 26
Jun 1956, however as s own in enclosures (2) and (3) he was discharged from
h Regular Navy on 24 Jun 1956.

3.                             did not concurrently hold an enlisted status
in the Naval Reserve hue appointed as a midshipman and therefore is not
entitled o credit for basic pay while at USNA. Enclosure (2) is r turned.






                                  Section Head, Officer Retirements

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