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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