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NAVY | BCNR | CY2007 | 04166-07
Original file (04166-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100




                                   
TRG
         Docket No: 4166-07
         26 March 2008


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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2008. 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 an advisory opinion furnished by the Navy Personnel Command a copy of which is enclosed.

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
MJLLINGTON TN 38055.0000


                                             5420
                                                                                          PERS—913
                                                                                          11 Feb 08



         M EMORAN DU M FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:     Assistant for BCNR Matters (PERS-31c)

Subj:    REQUEST FOR ADVISORY OPINION IN THE CASE

Ref:     (a) PERS-31C Memo of 17 Jan 08

End:     (1) BCNR Pile 04166-07

1.       After a review of enclosure (1), the following comments and
recommendations are forwarded concerning request
for additional points for the anniversary year ending March
2001.

2.       Based upon a review records, she earned 46 points towards retirement from 8 September 2000 to her discharge on 30 March 2001. Without additional supporting documentation to substantiate claim that she earned more than 46 retirement points for that period, we recommend that her request be denied.


3.       able to provide documentation that supports the awarding of additional points for the anniversary year ending March 2001, we will update her point record accordingly.

4.       Additional questions may be directed to PSCS Harcarik at (901) 874-4470 DSN 882 or via Email at lynn.harcarik8navy.mjl


Commander, U.S. Navy
Deputy, Navy Reserve Personnel
Administration Division (PERS-91)

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