DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 1976-05
18 Oct 05
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 18
October 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 NPC memorandum
5420 PERS-48l2, 21 September 2005, 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.
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,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PBRS-48l2
21 Sep 05
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS (BCNR)
Via: Assistant for BCNR Matters (PERS 3LC2)
Subj:
Ref: (a) Assistant for BCNR Matters 5420 PERS-3LC2 Memo of 25 Aug 05
(b) BUPERSINST l900.8B
End: (1) BCNR File
1. Per reference (a), the following comments and recommendations
are submitted concerning AE2 case.
2. A review records reflects that he was released from
active duty on 2 November 1973. Reference (b) states that a DD 214 is
issued upon release of periods of active duty for more than 90 days to
provide a clear-cut record of a period of active military service.
official rate upon release from active duty AE3 since he had not
received his promotion date. affiliated with the Naval Reserves
on 7 April 1974 and was
subsequently promoted to the rate of AE2 with an effective date of 8
July 1974. During the period that AE2 was discharged from the Reserves,
the appropriate discharge document was a Record of Discharge from the
U.S. Naval Reserve (NAVPERS 1070/615) and rate is correctly reflected as
AE2.
3. Due to the above information, it is our recommendation is that
no correction is to be made to the DD 214 originally issued.
4. This is an advisory memorandum for use by the Board for Correction
of Naval Records (BCNR) only.
By direction
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