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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