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NAVY | BCNR | CY2006 | 06286-06
Original file (06286-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 2O37O~5IOO




                                   
TRG
Docket No: 6286-06
14 December 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 12 December 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.

The Board obtained your Navy, Marine Corps, Army and Army Reserve records. The enclosed statement of service was prepared based on those records. As indicated, those records reflect that although you had over 20 years of total service, you only had 15 years, 3 months and 4 days of qualifying service for reserve retirement purposes. In order to be eligible for reserve retirement, you must have 20 years of qualifying service with a minimum of 50 retirement points in each year. Since you do not have 20 years, the Board concluded that a correction to your record was not warranted.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

If you have documentation in your possession to establish further qualifying years, you should submit that evidence to the Board. The areas in bold print on the statement of service show the periods in which documentation does not exist. Even if you can only establish three or four additional qualifying years, but have a reasonable explanation for not having 20 qualifying years, the Board might reconsider corrective action in your case. 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 arid 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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