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NAVY | BCNR | CY2010 | 13350-10
Original file (13350-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

   

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REC
Docket No: 13350-10
27 December 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 15 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.

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustiee.

You enlisted in the Navy on 8 July 1985. You then affiliated
with the Navy Reserve on 7 July 1990. ‘You participated honorably
until 1 October 2007. On 11 October 2007, your request to be
transferred to the Retired Reserve was approved by the Bureau of
Naval Personnel Command (PERS-912) for having 22 years of
qualifying service. On 28 September 2010, you submitted a
request to the Bureau of Naval Personnel Command, requesting to
reaffiliate with the Selected Reserve. On 28 October 2010, the
Bureau of Naval Personnel Command -(PERS-911) stated in their
letter that you acquired sufficient points for retirement and are
not eligible to transfer to the Ready Reserve or actively
participate ina drilling status. The Board noted that a
commanding officer has provided the fact that there are three
vacant billets in his unit. However, the Board does not override
the Navy’s management of manpower issues.

 

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing your status to the
Selected Reserve, given the fact that you requested to be
transferred to the Retired Reserve, which was approved by the
Bureau of Naval Personnel Command (PERS-911). 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.
sIn this regard, it is*important to keep in mind that a
rpresumption of regularity attaches to all official records.
pcoonsequently, wher, applying for a correction of an official naval
‘record, the burden is on the applicant to demonstrate the

gexistence of probable material error or injustice.
Sincerely,

Lene

W. DEAN PF R
Executive rector

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