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

		LCC:lc
		Docket No: 3611-04
		11 May 2004

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 11 May 2004. 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 OPNAV memorandum 7220 Ser Ni 30G/04U0022, 7 January 2004, 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. 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. 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.

Sincerely,

       W. DEAN PFEIFFER
Executive Director
Enclosure

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. DC. 20350-2000

IN REPLY REFER TO
7220
Ser N13OG/04U0022
7 Jan 2004

ME~4ORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, Pers-OOXCB

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO CHIEF PETTY

End:	(1) BCNR Case File #09770-03 w/Microfiche Service Record

1.	Per request, the following recommendation concerning enclosure (1) is provided.

2.	A Career Status Bonus (CSB) GENADMIN Notification message was released to member on 26 September 2001 offering him the opportunity to elect the REDUX retired pay system and receive a $30,000 CSB by his 15th anniversary of active duty. A second notification message to the member was released 21 March 2002. Member has an active duty start date (ADSD) of 20 January 1987 making 20 January 2002 his l5tzh anniversary of active duty.

3.	The member’s CSB GENADMIN notification messages as well as NAVADMIN 245 01 nd NAVADMIN 344/702 clearly notified him and his command that he was under the High 3 retired pay program but eligible to elect CSB/REDUX, and that his election would be irrevocable by law on his 15th anniversary.

4.	In addition to two CSB GENADMIN notification messages, two NAVADMINs and the member’s command career counselor were available to assist him in his decision. Additionally, NAVADMIN 262/03 released 29 September 2003, offered him a second opportunity from September - October 2003 to elect CSB in installment payments. Member states he was unable to elect CSB because he was stationed overseas, but other members stationed overseas have not expressed similar difficulties.

5.	Recommend disapproval of Chief

Head  Retired, Reserve and
Medical Pay Section (N13OG)