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

LCC
Docket No. 1674-06
9 May 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 9 May 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 BuPers memorandum 1811 PERS-4822, 15 April 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 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 also 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

			1811
                                                                                                                                                 PERS-4822 
                                                                                                                                                 15 Apr 06

MEMORANDLTM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, PERS-31C

Subj:     COMMENT AND RECOMMENDATION ICO
	
	Ref:	(a)    NPC memo 5420 PERS—31C of 29 Mar 06
(b)  Title 10 U.S.C. 6323

End:	(1)  Statement of Service of 14 Feb 05
(2)  BCNR file

1. Reference (a) request comments and recommendations in subject’s case. Specifically, Petitioner requests correction of his active duty start date (ADSD) to 21 May 1988.

2.  Enclosure (1) is member’s statement of service (SOS) reflecting his ADSD as 8 August 1995. Enclosure (1) was calculated on 14 February 2005, and shows member will be eligible for a regular retirement effective 1 September 2015. Reference (b) states an officer is eligible for a regular retirement when they complete more than 20 years of active duty of which 10 years are as a commissioned officer.

3.           may be eligible for a reserve retirement in 2008. If he would like to pursue this option he
should check with PERS-4911 for retirement eligibility.

4.  No action has been taken. Enclosure (2) is returned.

Section Head, Officer Retirements