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

TRG
Docket No. 2060-06
13 October 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 4 October 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 an advisory opinion furnished by the Navy Personnel Command, a copy of which is enclosed. I am also enclosing a copy of 10 U.S.C. 6380 which applies to your case.

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

				1811
											PERS-482
											20 Jun 2006

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters, PERS—31C

Subj:	COMMENTS AND RECOMMENDATION
	
	Ref:	(a)	NPC	memo	5420 PERS-~31C of 22 May 06
		(b)	Title	10	U.S.C.	6380
		(c)	Title	10	U.S.C.	632
		(d)	Title	10	U.S.C.	6323

1.	Reference (a) retest comments and recommendations in subject’s case. Specifically, Petitioner feels he was erroneously retired one year early, and was entitled to serve on active duty for 20 years active commissioned service vice 20 years active duty.

2.	According to member’s record he was retired on 1 July 1976 under the provisions of reference (b) - This law was repealed in September 1981 and refers to reference (c) Per reference (c) an officer of the Na~ on the active duty list, who holds the grade of lieutenant or lieutenant commander, who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers selected for promotion will either be discharged or if eligible for retirement under any provision of law be retired no later than the first day of the seventh month beginning after the month in which the President approves the report of the board which considered him for the second time.

3.	Based on the information above, we make the assumption was not selected for promotion twice and therefore was retired since he was qualified for retirement under the provisions of reference (d), which states a member may apply for retirement after completing 20 years of active service, of which 10 years was service as a commissioned officer.

Section Head, Officer Retirements