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NAVY | BCNR | CY2006 | 06555-06
Original file (06555-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

         
                           JRE
                                                                                          Docket No. 06555-06
                                                                                          22 October 2007

Dear
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 October 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. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 31 August 2007, 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 PFEIFFER
                                             Executive Director
Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILL I NGTON TN 38055-0000
                           1811
                                                                                           PERS-822
                                                                                          31 Aug 07
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters, PERS-3lC

Subj COMMENTS AND RECOMMENDATION

Ref:     (a) NPC memo 5420 PERS-31C of 1 Aug 07
En cl :    (1) Statement of Service dtd 28 Jun 72
 (2)      BUPERS ltr Pers-B84b/MCC:slv of 26 Jul 72
(3)      BCNR File
1.       Reference (a) request comments and recommendations in subject’s case. Specifically, Petitioner requests correction of his computation of retired pay to reflect 30 years of service.
2.       Enclosure (1) is member’s statement of service which accurately reflects his active duty service upon transfer to the Temporary Disability Retired List calculated as 28 years and nine months. Enclosure (2) states the total number of years of service creditable for computation of the percentage multiple is 29 years.
3.       Based on the information above and review of member’s record we did not find any additional active duty service.
4.       Enclosure (3) is returned with no action taken.



Branch Head, Officer Retirements

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