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NAVY | BCNR | CY2005 | 07416-05
Original file (07416-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 07416-05
4 May 2006


LCDR USNR





Dear Commander

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 4 May 2006. 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 opinions furnished by the Bureau of Medicine and Surgery dated 7 October 2005 and the Navy Personnel Command dated 14 November 2005 with enclosure, copies of which are 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 opinions. 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






Enclosures































2


DEPARTMENT OF THE NAVY
BUREAU OF MEDICINE AND SURGERY
2300 E STREET NW
WASHINGTON DC 20372-5300       

         IN REPLY REFER TO
         1120
         Ser Ml/O5UM1146
         7 OCT 2005
From:    Chief, Bureau of Medicine and Surgery
To:      Board for Correction of Naval Recordo
Subj:    ADVISORY OPINION ICO LCDR, USNR
Ref:     (a) SECNAVINST ll2O.13A

End:     (1) BCNR Application ICO LCDR
1. Enclosure (1) is forwarded recommending Navy Personnel Command (PERS-822) review this petition request since it involves changing the member’s Pay Entry Base Date (PEBD).

2. In Enclosure (1), Lieutenant Commander claimed the error was due to not being given “...credits for experience as a practicing dentist after graduating from Dental School and for initial DDS or DMD degree...” The Entry Grade Credit Worksheet in Enclosure (1) clearly shows the member received the maximum allowable credit for his “experience” and four years credit for his “DDS degree.” Per reference (a), the maximum allowable credit for DDS degree is four years~ therefore, the member received full entitlement.

3. Your point of contact is Lieutenant Commande. MSC, USN, who may be reached at













DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055.0000

7220
PERS-4822
14 Nov 05
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
         NAVAL RECORDS
Via: Assistant for BCNR Matters, PERS-3LC2

 Subj: COMMENTS AND RECOMMENDATION ICO LCDR
Ref: (a) NPC memo 5420 PERS-3LC2 of 26 Oct 05
(b) SECNAVINST 1120.13A
(c) DODFMR, Vol 7A, Chap 1

 End: (1) Statement of Service of 19 Dec 01
(2) BCNR file
1. Reference (a) request comments and recommendations in subject member’s case. Specifically, Petitioner requests correction of his pay entry base date (PEBD) to include Entry Grade Credit
(EGC).

2. Per reference (b) ECG applies to a member’s date of rank and is not to be mistaken for creditable service for basic pay, which is computed per paragraph O1O1O1B of reference (c). Some medical and dental officers are entitled to extra credit for longevity (basic pay) purposes to reflect time spent in medical or dental school if on or before 15 Sep 81 the officer already had constructive service credit; on 14 Sep 81 the member was enrolled in the Armed Forces Health Professions Scholarship Program or the Uniformed Services University; or on 14 Sep 81 the member was participating in a program that credited years of service and led to an appointment as an officer.

3. As shown in enclosure (1), LCDR as military service does not meet the criteria noted above, and therefore is not entitled to extra credit for dental school towards his basic pay.

4. Enclosure (2) is returned.




 Section Head, Officer Retirements





Inactive
Designator: 205         Date of Report: 12/19/01

 Statement of Service
          Active   Training
11/17/99 04/01/00

04/15/00 07/07/01

07/21/01 11/06/01
         11/07/01 DATE
DATE OF BIRTH:   PEBD:
08/06/63
ACBD:    PSD:
10/11/01

DGAD:
         11/07/01         PREV.
                  MIL.
AVIATION COMMISSION DATE SERV.
 04 /02/00

07/08/01
04 /14/00

0 7/2 0/01
09
 Subtotals Active Inactive
          0        4 15
0        0 13
         1        2 23
0        0 13
         0        3 16
0        1 13
ADSD:
         11/17/99         io/ii/oi
~BE
         ELIGIBLE TO RETIRE:
         10/11/01         2023
BRANCH:
K        fr~]fS.
HIGHEST GRADE    YEARS A-E

 Examiner:        T
 This statement supersedes all prior statements of service
Finished File
PERS~911
 Name:
SSN:





 USNR-O
 USNR—O
 USNR-O
USNR-O
USNR-O
USNR-0

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