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NAVY | BCNR | CY2005 | 01045-05
Original file (01045-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

         
                                             MEH
                                                                                           Docket No. 1045-05
                                                                                          30 August 2005




This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 30 August 2005. 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 CNRFC 1100 Ser N1C2/73l of 22 Aug 05, 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
COMMANDER NAVAL RESERVE FORCES COMMAND
4400 DAUPHINE STREET
                                                      NEW ORLEANS, LOUISIANA 70146-5100
         


                                                                                                   Ser N1C2/731
                                                                                                   22 Aug 05


From:    Commander, Navy Reserve Forces Command
To:      Board for Correction of Naval Records

Ref:     (a) BCNR Docket 1045-05
(b) DODINST 1205.21, Enclosure 5, Paragraph E5.l.4.2

 1.       Reference (a) is not supported.
2.       Per reference (b), due to member voluntarily leaving the Selected Reserve for “any reason’, he is required to refund the United States government a portion of the monies he received for non-completion of the obligated service he incurred to gain entitlement to the bonus. This is Department of Defense policy and therefore not waiver able by this command.
         

         3.       Ny point of contact i s commercial (504) 678-6649 or DSN 678-6649.




                                                                        By direction

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