DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Doc. No. 10522-08
25 January 2010
This is in reference to your application for correction of your
deceased husband's record pursuant to the provisions of 10 USC
1552. You requested the records be changed to show that he
. transferred to the Fleet Reserve in a retired status prior to
' his death in 2003.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 January 2010. 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 deceased husband's naval records, and the
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by the Navy
Personnel Command letter 7220 PERS 823 of 18 February 2009. A
copy of that letter was previously furnished to you and is
attached.
After careful and conscientious consideration of the entire
record, a majority of 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.
The records show that in early May 2003, your husband was
serving on active duty in the United States Navy. On 14 May
2003, his deceased body was found at a residence in Las Vegas
Nevada. Accidental overdose of heroin and cocaine were
Doc. No. 10522-08
determined to be the cause and manner of his death. At the time
he died, your husband had served 20 years, 4 months and 22 days
on active duty. However, at no time prior to his death did he
ever request to transfer to the Fleet Reserve in a retired
status.
Title 10 US Code 6330 is the law that governs voluntary
transfers to the Fleet Reserve for enlisted personnel. That
law, and the regulations that implement the law, require that an
enlisted member who completes 20 or more years of active service
must make a request before he can be transferred to the Fleet
Reserve. Members, such as your husband, with more than 20 years
of active service who die without making such a request are
considered simply to have died while serving on active duty and
they are not transferred to the Fleet Reserve. Your husband was
afforded the same treatment as other personnel who are similarly
Situated to him. The Board found that under these
circumstances, insufficient evidence of an error or injustice
exists to warrant the change 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 also 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,
We any i
Executive Witector
Bncelosure
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