DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 1029-09
9 March 2009
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 18 February 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.
You were promoted to lieutenant colonel (LtCol; O-5) on 1 June
2005. In order to retire in that grade you must complete three
qualifying years from the date of your promotion. A partial year
may be credited if an individual is discharged or retired during
an anniversary year and sufficient retirement points are earned
to make the partial year qualifying.
You earned two qualifying years from the date of your promotion
until the end of your anniversary year on 20 February 2008, a
period of about 32 months. At the end of your next anniversary
year on 20 February 2009 you were only credited with six drills
and 15 membership points. Fifty points are required to make 12
months a qualifying year for retirement purposes.
You are requesting that your pending retirement date in 2009 be
changed to 1 June 2008 so that the partial year from 20 February
to 1 dune 2008 would be qualifying. This is a peviod of less
than the four months you need to reach a total of 36 qualifying
months. Whether or not you attended drills during this short
period is unknown. Further, you will only be credited with
prorated membership points. Therefore, it appears that even if
the six drill points and the prorated membership points are
credited you would not have sufficient points to make the flour
months qualifying.
It is clear that you must reschedule the requested retirement
date to allow you to retire as a LtCol. You must then serve
until you can earn some combination of points and service to
allow four months or more of qualifying service in order to
retire as a LtCol without Board action. Since the requested
relief would not allow retirement at the higher grade, the Board
concluded that corrective action was not warranted.
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,
\e Seung
W. DEAN PFEI
Executive Di t
N
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