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NAVY | BCNR | CY1999 | 03289-99
Original file (03289-99.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  20370-5100 

MEH : tj 
Docket No:  3289-99 
17 August  1999 

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  17 August  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  20 July  1999, 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 O F  NAVAL PERSONNEL 

5720  INTEGRITY  DRIVE 

MILLINGTON T N  38055-0000 

11 60 IN REPLY REFER  TO 
PERS-815 
20 Jul 99 

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

PERS-OOZCB 

Subj:  BCNR  PETITION ICO 

Ref: 

(a) SNM's DD Form 149 dtd 11 May  99 
(b) NAVADMIN 253/98 
(c) NAVADMIN 132/99 

Encl : 

(1) BCNR File 

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

-  Petitioner reenlisted on 14 Apr  1999 for three years to 

sufficient obliserve for orders to the USS LASALLE to transfer in 
March  1999.  Petitioner's  EAOS at the time was 12 Jan 2000. 
However, petitioner orders were immediately changed to transfer 
in July 1999.  Reference  (b) did not carry SRB entitlement  for 
the NC(0000) rate at the time petitioner reenlisted. 

-  Reference  (c), released on 30 Apr  1999 with an effective 

date of 01 May 1999 carried a zone "C"  SRB entitlement for the NC 
rate. 

-  Petitioner requests to expunge the reenlistment date of 14 
Apr  1999 to effect a reenlistment within the SRB eligible window 
of reference  (c) and receive the zone "C"  entitlement. 

-  BUPERS/OPNAV cannot provide information pertaining to 

subsequent SRB NAVADMINfs until the NAVADMIN has been released. 
Therefore the petitioner could not have bn-n  councnl..ed r n n r D r n i , n , q  
reference  (c) prior to the reenlistment.  Petitionerrs hindsight 
is not sufficient grounds to expunge the 14 Apr  1999 reenlistment 
as no error or injustice was committed. 

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

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

Head, 
Reenlistment  Incentives Branch 



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