DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 8256-09
21 Dec 10
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
>1 December 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 naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by CNO memorandum 7220 Ser
N130G/10U0907 of 10 December 2010, 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.
Voluntary Separation Incentive (VSI) payments are calculated based on
years of active duty. Your separation orders had a release date from
active duty of 31 January 1995 but you were released from active duty
on 30 September 1994, 4 months earlier than the date you were
scheduled to be released; however, your VSI payments quoted in your
separation orders used the additional 4 months that you were not
entitled to be credited with.
Accordingly, your application has been denied. Additionally, the
alleged error should have been discovered when you were released from
active duty so the application was also denied based on the statute of
limitations. 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
Docket No. 8256-09
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,
\iisor\
W. DEAN PF
Executive D
Enclosure
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