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NAVY | BCNR | CY2008 | 04859-08
Original file (04859-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG

WASHINGTON DC 20370-5100 Docket No: 4859-08
8 December 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 25 November 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.

As indicated in the enclosed statement of service, at the end of
your anniversary year on 18 November 1985 you were credited with
10 years and 27 days of qualifying service for reserve retirement

purposes. In the next anniversary year, you were credited with
48 of the 50 retirement points needed for another anniversary
year. You had no further participation in the Navy Reserve. On

19 January 1995, you were informed that the Secretary of the Navy
had approved the recommendation of a board of officers which had
recommended your discharge from the Navy Reserve and that you had
been honorably discharged on 31 October 1994.

It is clear that you have insufficient service and do not meet
the requirements for eligibility for transfer to the Retired
Reserve with eligibility for pay at age 60. Although there is no
documentation filed in your record, you may have been eligible

for an honorary retirement without benefits but this program has
been discontinued. The Board concluded that you are not eligible

for retirement and a correction to your record is not warranted.

Accordingly, your application has been denied. ‘The names and
votes of the members of the panel will be furnished upon request.

Tt 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,

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