DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07323-09
17 September 2010
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 16
September 2010. After careful consideration of your application,
the Board concluded that your application was not timely filed, and
that it would not be in the interest of justice to excuse your failure
to submit your application in a timely manner. In addition, it
concluded that you are not entitled to the relief you requested
because constructive service credit of the type you earned while
enlisted in the Navy can only be utilized by an enlisted member upon
transfers to the Fleet Reserve. You were an officer and therefore
ineligible for transfer to the Fleet Reserve.
You may request reconsideration of this decision. Your request must
include newly discovered relevant evidence which was not reasonably
available to you when you submitted your application. The evidence
may pertain to the timeliness of your application or to its merits.
Absent such additional evidence, further review of your application
is not possible.
It is regretted that a more favorable reply cannot be made.
Sincerely,
NAVY | BCNR | CY2010 | 04118-10
A Navy medical record dated 23 October 2000 (AR 352) indicates that you “recently retired”. In addition, your name and Fleet Reserve status would have been listed in the DEERS database, which is consulted by medical personnel when there is a question concerning a patient’s right to medical care at a military medical treatment facility. A service member does not enter on active duty and/or become entitled to active duty pay simply because a Department of the Navy officer or employee orally...
NAVY | BCNR | CY2008 | 10558-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2010. However, at no time prior to his death did he ever request to transfer to the Fleet Reserve in a retired status. 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.
NAVY | BCNR | CY2009 | 03184-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the appiicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 07195-07
The author of the 6 December 2007 opinion, an assistant legal counsel to the Commander, NPC, advised the Board that since there is no evidence in your application or the documents submitted in Support thereof that you “ever voluntarily requested transfer to the Fleet Reserve”, you should submit your “voluntarily request” to the NPC for action in accordance with the provisions of the Navy Military Personnel Manual article 1910-166, which applies to requests for transfer to the Fleet Reserve...
NAVY | BCNR | CY2009 | 04830-09
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. On 31 July 2008 you were transferred to the Fleet Reserve in pay grade E-6. It is regretted that the circumstances of your case are such that favorable action cannot be taken.
NAVY | BCNR | CY2002 | 06890-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The following day, your counsel responded that any Your counsel On 23 February 1998, the secretarial designee directed that your records be corrected to show that you were involuntarily discharged on 13 December 1995 by...
NAVY | BCNR | CY2009 | 01352-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 . Docket No: 1352-09 12 March 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj}: REVIEW OF NAVAL RECORD OF ] PRR 5, Ref: (a) Title 10 U.S.C. 1552 Fncl: (1) Case Summary (2) Subject's naval record 1.
NAVY | BCNR | CY2010 | 00499-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2010. 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 the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2009 | 02130-09
A three-member panel of the Board for Correction of Naval . 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. 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.
NAVY | BCNR | CY2006 | 09850-06
References (b) through (d), in effect at the time of Petitioner’s transfer, reference the plenary authority of the Secretary of the Navy to transfer a member to the Fleet Reserve in a reduced paygrade. Regulations in effect at the time of Petitioner’s transfer reference the plenary authority of SECNAV to transfer a member to the Fleet Reserve in a reduced paygrade. On 7 January 2004, Petitioner, a chief petty officer (E-7), was authorized by ASN(M&RA) to transfer to the Fleet Reserve,...