DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 100%
ARLINGTON VA 22204-2490
BAN
Docket No:NR05870-14
19 June 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 usc 1552.
A three-member panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 dune 2014. 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.
The Board also notes that you have applied for a correction to
your record for an error that allegedly occurred more than 36
years ago. Under the rules governing this Board, an application
for a correction of a naval record must be made within three
years after the discovery of the alleged error. Pailure to file
within the prescribed three years may be excused only in cases
where the Board finds that it is in the interests of justice to
do so.
Although you neglected to assert your claim for an inordinately
long period of time without justification and you provided no
evidence as to why you did not seek to have the alleged error
corrected earlier, the Board still decided to review your case.
However, the Board did note that in December 1995, you received
= letter from the Bureau of Naval Personnel stating that under
the legal statute, 10 U.S.C 6334, “Legal representatives of the
Judge Advocate General of the Navy have determined that only
members who transfer to the Fleet Reserve after 4 December 15387
are eligible for consideration to be advanced on the retired
list. Since you transferred to the Fleet Reserve prior to that
Docket No. NROS870-14
date you are ineligible for advancement to a higher grade”, a
copy of which is being provided to you.
Therefore, based on the circumstances described above, 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.
Consequentiy, 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,
Cet SS To
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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