DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100

HD: hd
Docket No. 00472-06
8 September 2006

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 8 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 the Navy Personnel Command dated 20 March 2006 with enclosure, 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
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055.0000

			7220
										PERS-4822 
										20 Mar 06

MEMORANDRAND FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: Assistant for BCNR Matters, PERS-31C
	
	Subj: COMMENTS AND RECOMMENDATION ICO	___

Ref: (a) NPC memo 5420 PERS-31C of 21 Feb 06
(b)	DODFMR, Vol 7A, Chap 1, Section 010101 D.4

End:	(1) Statement of Service of 2 Mar 06
(2)	BCNR file

1.	Reference (a) request comments and recommendations in subject’s case. Specifically, Petitioner requests proper credit for her active duty from 6 Jul 84 - 17 Aug 86, while attending the U.S. Naval Academy (USNA).

2.	As shown in enclosure (1) member attended the USNA twice. After her separation from the USNA on 17 Aug 86, she was transferred back to her enlisted rate and ordered to active duty. Per reference (b) service as a midshipman at a military academy is always creditable for an enlisted. While in an enlisted status on active duty from 18 Aug 86 - 29 May 87 she should have received credit for the USNA time mentioned above. However, once commissioned any time served as a midshipman in the USNA after 25 Jun 56 is not creditable.

3.	Member is not entitled to active duty credit for her time spent at the USNA. Enclosure (2) is returned.