Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR7989 14
Original file (NR7989 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 10014

ARLINGTON, VA 22204-2490

 

Duc
Docket No. NR7989-14
22 Jul 14

 

This is in reply to your Request for Reconsideration submission of
27 June 2014.

A review of our files reveals that in July 2013, you petitioned the
Board for Correction of Naval Records seeking the following: the
change of DD form 214 separation code to reflect “LBK” vice *“MBK”, and
Involuntary Separation Pay (ISP) for over 7 years of continuous active
service, while serving under a combination of Annual Duty for Training
(ADT), Active Duty for Special Work (ADSW), and mobilization orders
from March 2004. through June 2011.

In April 2014, after careful consideration of your request, the Board
found insufficient evidence of an error or injustice that would

warrant the relief you sought. Therefore, your case was denied for
the following reasons:

In accordance with OPNAVINST 1900.4, to be eligible for separation pay
a Reservist must have been involuntarily separated from active duty or
must have been denied a voluntary request for additional active duty.
The request to remain on active duty must be unqualified and must
specify that the member will accept any assignment commensurate with
member’s pay grade, designator. The request must be submitted no later
than six months prior to release from active duty.

In accordance with OPNAVINST 1900.4, members released from active duty
for training are not eligible for separation pay.

In conclusion, your request @id not contain evidence that you
submitted a written request to remain on active duty prior to your
release on 18 June 2010. Furthermore, on 7 June 2010, you received
orders to active duty for training (ADT) to the commanding Officer,
Command and General Staff College, Fort Leavenworth, Kansas (357
days), and you were separated on 10 June 2013.
Docket No. NR 929-13

In dune 2014, you submitted a reconsideration request. However, you
still have not provided any new or material evidence to warrant a
change to your record. Therefore, your request for reconsideration is

z disapproved.

I regret that the circumstances are such that a more favorable
determination cannot be made.

Sincerely,

eS. A RD ree!

ROBERT D. ZSALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2014 | NR8226 14

    Original file (NR8226 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2015. In addition, the Board considered the advisory opinion furnished by OCNO memo 7220 N130D2/14U0995 of 28 July 2014 and OCNO memo 7220 N130D2/14U01313 of 8 October 2014, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2013 | NR5701 13

    Original file (NR5701 13.pdf) Auto-classification: Denied

    Jn your case, the Board agreed with the advisory opinions that, because you did not gain and maintain proficiency in the community and for the NEC that you received the bonus, in the Board’s view, recoupment of the unearned portion of the bonus was appropriate. After reviewing all the circumstances in your case, in the Board’s view, the decision to recoup the unearned portion of the bonus was just, and the half separation pay you received was properly awarded according the Separation...

  • NAVY | BCNR | CY2013 | NR9379 13

    Original file (NR9379 13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 8. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was entitled to payment of Involuntary Separation Pay (ISP) when he was discharged. NR9379-13 a. Petitioner was discharged on 25 September 2013 for Completion of Required Service (High Year Tenure) .

  • NAVY | BCNR | CY2014 | NR394 14

    Original file (NR394 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 4001 ARLINGTON, VA 22204-2490 Doc Docket No, NR394-14 27 Jun 14 : From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was...

  • NAVY | BCNR | CY2007 | 05716-07

    Original file (05716-07.rtf) Auto-classification: Denied

    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 N13OC1/07U0591, of 10 August 2007, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was...

  • NAVY | BCNR | CY2006 | 08269-06

    Original file (08269-06.rtf) Auto-classification: Denied

    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 Nl3oc4/o6u0751, 29 December 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was...

  • NAVY | BCNR | CY2007 | 07973-07

    Original file (07973-07.pdf) Auto-classification: Denied

    Documentary material of your application, together with thereof, your naval record and and policies. In ntially concurred with the comments Accordingly, your application has of the members of the panel will be ances of your case are such that You are entitled to have the Board ission of new and material evidence neidired by the Board. He has requested that recoupment of his SRB be stopped.

  • NAVY | BCNR | CY2008 | 05310-08

    Original file (05310-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 5310-08 14 Oct 08 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to cancel an erroneous...

  • NAVY | BCNR | CY2014 | NR4531 14

    Original file (NR4531 14.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was entitled to payment of Involuntary Separation Pay (ISP) when he was discharged. In correspondence attached as enclosure (2) y over the subject matter addressed in Petitioner's the effect that the request has merit and CONCLUSION Upon review and consideration of all the...

  • NAVY | BCNR | CY2007 | 10920-07

    Original file (10920-07.pdf) Auto-classification: Denied

    When you were informed of the command's intent to deny your reenlistment you appealed that denial to the Navy Personnel Command. 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. As denial of reenlistment requests are not considered administrative processing, the member would not have had the opportunity to elect an administrative board.