DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 04028-08
14 July 2008
Dear /_ hE, p wien
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 14 July
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
the advisory opinion furnished by NPC memo 1430 PERS-812 of 26 Jun 08,
a copy of which is attached.
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
it is also important to keep in mind that a presumption of
regard,
when
regularity attaches to all official records. Consequently,
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.
Sincerel
‘
DEAN P
Executive Dilrec
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
PERS-812
26 Jun 08
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-O0L)
Subj: COMMENTS AND RECOMMENDATIONS IN THE CASE OF TE ar,
Ref: (a) MILPERSMAN 1420-060
(b) Miia Ltr of 8 Apr 08 .
1. Based on policy and guidelines established in enclosure (1) 7 e-...
meee. request is returned with the following comments.
a. Per reference (a), enlisted Navy members who are identified
for advancement may be frocked upon notification of selection from
Naval Education and Training Professional Development and Technology
Center (NETPDTC). Frocking is an administrative authorization to
assume the title and wear the uniform of a higher paygrade without
entitlement to the pay and allowances of that grade. Frocking
provides early recognition for members who have been identified for
advancement with a future effective date. Frocking does not change
the permanent status of a member nor authorize payment of entitlements
governed by statute or regulation.
b. As outlined in reference (b), CN, ins frocked to paygrade
E5 on 20 June 2002; however, his effective date of advancement was on
16 November 2002. <7}. imm@@§P was discharged from the Navy Reserve
on 13 November 2002. Since (—MMWRME was not affiliated in the
Navy Reserve on 16 November 2002 when his official date of advancement
to paygrade E5 would have been affected, his advancement authorization
to the paygrade of E5 became void.
2. This is an advisory memorandum only. Point of Contact is PS1 (SW)
Doyle Jacobs at commercial 901-874-4500 or DSN 882-4500.
CZ: yi
C. E. AIMESTILL
By direction
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