DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3634-06
19 July 2007
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 17 July 2007. 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.
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.
You enlisted in the Navy on 26 May 1982 for four years and served
until you were released from active duty on 23 May 1986, a period
of 3 years, 11 months and 28 days. In accordance with
regulations then in effect, the beginning date of your
anniversary year was changed to coincide with your entry in the
Navy reserve after your release from active duty. Consequently,
you were only credited with the period of active duty in the
Regular Navy.
Subsequently, you continued to serve in the Navy Reserve and at
the end of your anniversary year on 23 May 2006, you were
credited with 20 years, 9 months and 4 days of qualifying
service. The statement of service obtained from the Navy
Personnel Command indicates that you are continuing to earn
retirement points.
In your application, you are requesting that your record be
corrected to show that you completed four years of active service
so that you will have a complete qualifying year for retirement.
However, regulations allow for the early release from active
duty of servicemembers whose separation date falls on a weekend
or a holiday. Since you have already qualified for reserve
retirement, the only benefit you would receive from a correction
to your record is two days of pay and the addition of two
retirement points. Since you have been treated no differently
than many others who were separated early, the Board concluded
that a correction to your record is not warranted.
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,
Peres
Executive Dilrec
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