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

SRB
Docket No. 6303-05
20 Sep 06

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 19 September 2006. 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 NPC letter PERS 415 of 21 August 2006, 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
		      NAVY PERSONNEL COMMAND
 	       	5720 INTEGRITY DRIVE
	     	           MILLINGTON TN 38055-0000

PERS 415
21 Aug 06
	From	 PERS 415

To	 Assistant for BCNR Matters

Subj:	RESPONSE TO REQUEST FOR COMMENTS AND RECOMMENDATIONS IN

End:	(1) BCNR File 06303-05 w/Service record (note: Service Record was not included in the BCNR File that was received, by

1.	In response to your request, I have reviewed the, case of
 He has petitioned for a correction to his record. He was a SEAL Officer, Designator 1135 who applied for transfer into the regular Navy in the March 2002 Transfer Redesignation Board. The results of that board were promulgated in an ALJNAV Message DTG 241346Z Oct 02 which included LT name on the list of Officers selected for augmentation into the regular Navy. This list then appeared before the US Senate for confirmation and the Senate Confirmation Message was released in an ALNAV Message DTG 01l351Z Mar 04 accepted his augmentation and signed his permanent appointment letter in August 2004, but did not explain why he delayed his acceptance letter by five months after the Senate Confirmation Message. Also of interest is that (YG 1997) was first eligible for augmentation in FY - 2001, but elected ~to first apply for augmentation a year later — in 2002 _____ is no longer on active duty and had his SEAL Additional Qualification Designator removed 29 Jun 2005 for Drug Abuse that was confirmed by laboratory testing one week before his deployment to Iraq in April 2004.

2.	While it is unfortunate that augmentation was not confirmed by the US Senate until March 2004, that is a matter outside of the US Navy’s control. He was paid his first installment of his Officer Continuation Pay after he augmented in August 2004. His Officer Continuation Pay was only stopped after he lost his AQD in June 2005.

3.	I recommend that case be dismissed with no correction to his record and recommend that no back pay be awarded to for a delay in his augmentation. The exact reasons for the delay in the US Senate Confirmation process are unclear and outside my expertise — yet the fact remains that when he accepted his augmentation in August 2004, he started receiving Officer Continuation Pay.