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NAVY | BCNR | CY2006 | 08269-06
Original file (08269-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


 LCC
 Docket No. 8269-06
24 Jan 07


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 17 January 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 CNO memorandum 7220 Ser Nl3oc4/o6u0751, 29 December 2006, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 also 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,

ROBERT D. ZSALM A N
Acting Executive Director
 Enclosure



DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000

 7220
Ser N130C4/06U0751
29 Dec 06



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

Ref:     (a) OPNAVINST 1900.4
End:     (1) BCNR Case File #08269-06 w/CD-ROM Service Record
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request for payment of separation pay during the petitioner’s discharge from active duty on 14 Aug 06. The petitioner’s DD—214 indicates that *he was assigned a separation program designator (SPD) code of “KBK” (completion of required service)
3.       A review of enclosure (1) revealed that the petitioner was denied reenlistment due to numerous Physical Fitness Assessment (PFA) failures. The petitioner may be entitled to half separation pay if the petitioner meets the requirements outlined in reference (a) paragraph 8. Specifically, paragraph 7.b states that the petitioner must enter into a written obligation to serve in the Ready Reserve for a period of not less than three years following separation from active duty.
4.       N13OC recommends disapproval of petitioner’s request for half separation pay because the petitioner does not meet the requirements outlined in reference (a).

                                                                        Assistant and Allowances
                                                                         (N130C4

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