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NAVY | BCNR | CY2007 | 04775-07
Original file (04775-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON DC 20370-5100


                           TRG
D ocket No: 4775-07
13 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 - mem b er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 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.
Your Career Retirement Credit Report shows that as of 3 April 2007, you have completed 11 years of qualifying service for reserve retirement purposes. Further, you have sufficient points in the anniversary year which will end on 3 April 2008 to make that year qualifying for retirement. However, in the anniversary year ending on 3 April 2002, you have only been credited with 37 of the required 50 retirement points for another qualifying year.
In your application, you are requesting that sufficient retirement points be transferred from the excess in other years into the anniversary year ending on 3 April 2002 to make it a qualifying year. You state that because of family problems you were forced to transfer to the Individual Ready Reserve (IRR) and were unable to earn a qualifying year.
It is clear that there are many reservists in your situation with one or more nonqualifying years and the Board normally restricts action to transfer retirement points to those reservists who cannot earn additional qualifying years for retirement. This is clearly not applicable in your case, since you are not at service limitations and are continuing to earn qualifying years. Further, there appears to be no other compelling reason to grant the relief you seek.


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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