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NAVY | BCNR | CY2006 | 00858-06
Original file (00858-06.doc) Auto-classification: Denied


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


                                                        SRB
                                                        Docket No. 858-06
                                                        3 May 06











    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 2 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 opinion furnished by CNO letter 5420 Ser N133D/000027 of
    16 March 2006, 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 PFIEFFER
                                                   Executive Director

    Enclosure

                           DEPARTMENT OF THE NAVY
                   OFFICE OF THE CHIEF OF NAVAL OPERATIONS
                             2000 NAVY PENTAGON
                         WASHINGTON. D.C. 20350-2000





                                                        IN REPLY REFER TO

         5420
                                                                   Ser
                                                        N133D/ 000027

                                                         MAR 16 2006

MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:  Assistant for BCNR Matters (PERS-OOXCB)

Subj: COMMENTS AND ECOMME ATIONS IN THE CASE OF


Ref:  (a) OPNAVINST 7220.15

End:  (1) Docket Number 00858-06

1. Forwarded, recommending disapproval.

2.    In December 2002 reported to NAVVJPNSTA Seal
Beach Det. San Diego, CA for shore duty with a Projected Rotation Date
(PRD) of December 2005. lAW Ref(a) to maintain his CONSUBPAY eligibility,
he needed to extend/reenlist through February 2007 to obtain the required
obligated service (OBLISERV). did not have the required OBLISERV when he
detached from the USS FLORIDA (SSBN-728) on 01 November 2002. Eligibility
for CONSUBPAY was not met until he transferred from shore duty to the USS
JEFFERSON CITY (SSN-759) on 24 August 2005.

3.    felt that since he didn’t obliserv for 14 months past his PRD he
would not have to go back to sea, and would be allowed to retire on shore
duty. Fleet reserve request was officially denied on 15 March 2005. Denial
was based on the fact that he had too much obliserv remaining from his last
reenlistment past his PRD (11 months), and that he would have to go back to
sea duty. , . is requesting back CONSUBPAY from the period of 1 November
2002 to 5 August 2005 due to the fact he had to end up going back to sea.

4. I recommend that           request to be paid back CONSUBPAY for the
period requested be disapproved. was not eligible for CONSUBPAY during the
period of 1 November 2002 to 5 August 2005 I Ref a . At time of the writing
of this recommendation,      End of Obligated Service (EAOS) is 061217
which does not, meet  the 14-month ,obliserv requirements of Ref(a).

      Submarine Pay
      Program Manager
      Mar 17 2006



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