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

									 HD : hd
				Docket No. 08237-07 
				28 February 2008

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 28 February 2008. 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 23 October 2007 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
DEPARTMENT OF THE NAVY
NAVY PERSONNEL. COMMAND
5720 INTEGRITY DRIVE
						MILLINGTON TN 38055.0000

				7220
											PERS-822 
											23 Oct 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:	Assistant for BCNR Matters, PERS-3lC

Subj: COMMENTS AND RECOMNENDATION 

Ref:	(a) NPC memo 5420 PERS-31C of 11 Oct 07
(b)	MILPERSMAN Article 1300-080

End:	(1) Statement of Service of 23 Oct 07
(2)	BCNR File

1.	Reference (a) request comments and recommendations in subject’s case. Specifically, Petitioner requests correction of her pay entry base date (PEBD) to reflect her original enlistment of 9 September 1993. Member states she executed an interservice transfer per reference (b) and feels she should not have a break in service while in the Nurse Candidate Program (NCP)

2.	Reference (b) outlines an interservice transfer of an officer. First, member was discharged from active duty on 7 April 2004 as an enlisted member vice officer; secondly, once discharged she no longer had any status in the Navy, therefore reference (b) does not apply to her situation.

3.	According to the NCP Service Agreement signed 1 June 2004, she had to enlist in the Naval Reserves for eight years inactive duty as an officer candidate under instruction in the rate/ paygrade of OCUI2/E-5. Enclosure (1) accurately reflects the break in service from the discharge on 7 April 2004 to the enlistment on 1 June 2004; member’s time spent in the NCP; and PEBD of 13 October 1995.

4.	Enclosure (2) is returned.

Section Head, Officer Retirements