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NAVY | BCNR | CY2007 | 04764-07
Original file (04764-07.rtf) Auto-classification: Denied
-        DEPARTMENTOF THE NAVY
                                              BO ARD FOR CORRECTION OF NAVAL RECORD
                                                      2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100

                                                                                          TRG
 Docket No:4764-07
 3 April 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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 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.
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.
Your Career Retirement Credit Report (CRCR) shows that you have only been credited with 39 retirement points in the anniversary year ending on 14 April 2002 and 48 retirement points in the anniversary year ending on 14 April 2006. The CRCR shows that you have been credited with 17 years of qualifying service for reserve retirement purposes.
In your application, you are requesting that sufficient retirement points be transferred from the excess in previous years into the anniversary year ending on 14 April 2006 so that you will have another qualifying year. You state that you were erroneously informed that you had earned sufficient retirement points to make that year qualifying.
It is clear that there are many reservists in your situation with one or more nonqualifying years. However, the Board normally restricts action to transfer retirement points to those reservists who are in a situation where they cannot earn additional qualifying years. This is clearly not applicable in your case, since you have 17 qualifying years and are in a position to earn more retirement points. Further there appears to be no other compelling reason to grant the relief you seek. If you are prevented from retiring in the future because of a
 nonqualifying year, you should reapply to the Board
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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