DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 1670-08
21 May 2009
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 May 2009. 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.
In your application you are requesting, in effect, that the Navy
Personnel Command be directed to issue you a DD Form 214 to
document periods of active duty of less than 90 days. You
contend that the orders were deliberately written so that a DD
Form 214 would not be issued.
The Board was aware that it has been the policy of the Navy not
to issue a DD Form 214 for reserve active duty periods of less
than 90 days for many years. Further, it was probably the policy
at the time of your periods of active service and may be the
policy now, that active duty periods of less than 90 days were
funded out of reserve appropriations and the individual did not
count against Navy end strength. Therefore, your record is no
different from thousands of other reservists who have active duty
periods of less than 90 days. Accordingly, the Board concluded
that the action you are requesting is not warranted.
In view of the above, 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,
L) -
WwW. EAN PFEIRF
Executive Ditrecho
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