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Decision Text

NAVY | BCNR | CY2006 | 04685-06
Original file (04685-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TRG
Docket No: 4685-06
29 June 2006



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 26 June 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 Reserve on 28 February 1966. You then earned six consecutive qualifying years. You reenlisted in the Navy Reserve on 28 February 1972. However, after that date, you have not been credited with any drill points, but only with annual training and membership points. You were honorably discharged on 25 December 1973 for the purpose of enlisting in the National Guard. In 1998, you were retired from the National Guard with 30 years of qualifying service for reserve retirement purposes.

You are requesting credit for drill points and qualifying years during the period from 28 February 1972 to 25 December 1973. You point out, in effect, that since you had qualifying years both before and after the period at issue, it is unlikely that you would not have attended drills. You also believe that you also would have been allowed to attend periods of annual training only if you also attended drills.

It appears that the Navy Personnel Command and the Defense Finance and Accounting Service have essentially informed you that
given the passage of time, any evidence of your drill attendance no longer exists. The Board believed that you should have tried to resolve this issue in 1974 rather than waiting until now. Since there is no documentation and the missing drills will have no effect on your retired status, the Board concludes 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,





                                                               W. DEAN PFEIFFER
                                                               Executive Director


















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