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NAVY | BCNR | CY1999 | 01678-99
Original file (01678-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-51 00 

MEH: tj 
Docket No:  1678-99 
7 July  1999 

Dear  CHIEF PETTY  OFFICER- -

.

 

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  7 July  1999.  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  1160 PERS-815 of  10 June  1999, a copy of  which 
is attached. 

After careful and  conscien~ious 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 T H E  NAVY 

BUREAU OF NAVAL PERSONNEL 

5720  INTEGRITY  DRIVE 

MILLINGTON T N  38055-0000 

IN R E P L Y   R E F E R  TO 

1160 
PERS-815 
10 Jun 99 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS 
Via: 

PERS-OOZCB 

Subj :  BCNR PETITION ICO 

USN, 

Ref: 

(a) SNM's DD Form 149 dtd 01 Mar 99 
(b) NAVOP 045/84 
(c) NAVOP 096/86 

Encl:  (1) BCNR File 

1.  In response to reference  (a), recommend disapproval of 
petitioner's request. 

-  Petitioner enlisted in the U. S. Naval Reserves for six years 

on 03 Sep 1982. 

-  Petitioner enlisted active duty Navy on 18 Jan 1983 for four 

years and concurrently signed a 24 month extension for the 6yo 
program. 

-  Petitioner reenlisted on 18 Oct 1984 for 6 years to continue 

active service.  Petitioner's  EAOS at the time was 17 Jan 1987 
with SEAOS of 17 Jan 1989. 

-  Reference  (b) carried a zone "A"  SRB entitlement for the FTB 

rate with an award level of 1.5 at the time petitioner reenlisted. 

-  Petitioner requests to receive the zone "A"  SRB entitlement 

offered  in refercr-n  ( b )  f-r  the ~ ~ - 5 1 .  

i . ? + ~ n ? t  of 18 O c t   1984. 

-  Per reference (b), personnel may reenlist up to 60 days prior 

to EAOS for SRB entitlement.  However, petitioner reenlisted 
approximately 26 months prior to his EAOS of 17 Jan 1987. 

-  Petitioner should have been advised of the early reenlistment 

criteria of reference (b) prior to his reenlistment of 18 Oct 
1984.  Petitioner could have been advised to wait until he was 
within 60 days of his EAOS to reenlist and receive a zone "A"  SRB. 
However, reference (c) released on 04 Sep 1986 did not carry a 
zone "A" SRB for the FTB rate at petitioner's  original EAOS of 17 
Jan 1984. 

2.  In view of the above, recommend petitioner's  record remain as 
is. 

3.  This is an advisory memorandum to reference  (a) for the use by 
the Board for Correction of Naval Records  (BCNR) only.  Enclosure 
(1) is returned. 

Head, 
R~~:,listment Incentives Branch 



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