DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
°
ns DIC
Docket No, NR2484-14
3 Feb 15.
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
2 February 2015. 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.
MILPERSMAN 1050-272, dated 2 August 2007, states the following about
Post-Mobilization Respite Absence: “Creditable mobilization time is
cumulative, within the rolling 72-month window, and the 1:S5-year ratio
for Reserve members is retroactive for calculation purposes to 7
October 2001. Actual accrual of administrative absence days, however,
is restricted to those members mobilized on or after 19 January 2007."
From January 2002 to December 2005, you accrued 34 months of
creditable time, but earned no administrative absence days. From June
2009 to June 2010, you accrued 4 days of Post-Mobilization Respite
Absence per month for 13 months for a total of 52 days. In accordance
with your Certificate of Release or Discharge from Active Duty (DD
Form 214}, you were credited with 52 days, which you took prior to
being released from active duty and transferred to the Naval Reserve.
With regard to your request for modify your orders, in accordance with
NAVADMIN 235/08: (Navy Reserve Component Individual Augmentation (IA)
mobilization business rules), dated 25 august 2008, Al] sailors who
are mobilized in support of GWOT assignments will be issued
involuntary orders pursuant to title 10, U.S. Code, section 12302
authority.” Furthermore, “for members who volunteer to mobilize in
their dwell-time, NPC requires a copy of the signed volunteer
Docket No. NR2484-14
acknowledgment form before generation of Involuntary Title 10, U.S.
Code, section 12302 Mobilization Orders.” Nevertheless, no evidence
was provided to indicate that a modification to your orders was
requested. Regardless, the authority to place in an involuntary
status a member who volunteers from a mobilization does not exist in
law. 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 evidence within one
year from the date of the Board's decision. New evidence is evidence
not previously considered by the Board prior to making its decision in
this case. 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.
BERT J. O'NEILL
Executive Director
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