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NAVY | BCNR | CY1999 | 03355-99
Original file (03355-99.pdf) Auto-classification: Denied
I 

D E P A R T M E N T  O F  T H E  N A V  
BOARD FOR CORRECTION OF NAVAL RECORD 

2 N A W  ANNEX 

WASHINGTON DC  20370-5100 

LCC: tj 
Docket No:  3355-99 
17 August  1999 

This is in  reference to  your  application for correction of 
provisions of  title  10 of  the United  States Code,  section  155 

naval  record  pursuant to  the 

A  three-member panel of  the Board  for Correction of 
session, considered your  application on  17 August 
were reviewed  in accordance with  administrative 
proceedings of  this Board. 
application, together with  all  material 
applicable statutes, regulations and 
opinion furnished by  BUPERS 
is attached. 

sitting in executive 

of  error and  injustice 

procedures applicable to the 
the Board  consisted of  your 

your  naval  record  and 
considered the advisory 
July  1999, a copy of  which 

After careful and  conscientious consideration of  the entire r  ord,  the Board  found that  the 
evidence submitted  was  insufficient to  establish the existence of  probable material error or 
with  the comments contained in 
injustice.  In  this connection, the Board  substantially concu 
the advisory opinion.  Accurclingly, >uur applidiotl has bcc I  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 t  at favorable action cannot be taken. 
You  are entitled to  have the Board  reconsider its decision u  n  submission of  new  and  material 
ard.  In  this regard,  it is important 
evidence or other matter  not  previously considered by  the 
to keep in  mind  that a presumption  of  regularity attaches to  d l  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. 

1 
1 
4 

Sincerely, 

W.  DEAN  PFEIFFER 
Executive Director 

Enclosure 

0 3 / 1 3 / 9 9  

_______- 

F R I   0 8 : 2 8   FAX  9 0 1 8 7 4 2 6 2 1 _ _  

PERS  2 5 3  

DEPARTMENT OF THE NAVY 

NAVY PLRSOMNLL COYYAWD 

S 7 1 0  IMTEQRITY  DRIVE 

MlLLlWGTOW TN 3 a O S S - 0 0 0 0  

PtZPl3P!IJDUM  FOR CHAIRMAN, BOARD FOR CORRECT1 IN  OF NAVAL RECORDS 
1

 PERS-OOZCB 

:

PETITION ICO 

(a) S N N 1 s   DD Form 149 dtd 14 May  99 
(b) MILPERSMAN 1060021 
( c )  NAVADMIN 1 4 3 / 9 8  

E n ~ l :   (1) BCNR File 

i .   IYI response to reference (a), recommenc: disapproval to 
Petitioner's request. 

-  Petitioner reenlisted for six years on 28 Nov 1997 prior to 

a t ? : e n d i n g   NEC  0425 "C"  school  (CIN A-130-0360).  Petitioner 
-sc?ived a  zone "A" SR9 for this reenlistm~mt. 

-  Reference  ( b )   did not carry CIN: A-1~0-0360 on the Career 

Sshc1c3s  List  (CSL) at the time of petition+zr's reenlistment. 

-  Ref2rence  ( c )  , released on 09 Jul 19 8, while petitioner was 

actendin?  the NEC 0425 training, added the 1 CIN: A-130-0360 

to 
t h e   CSL.  Automatic advancement is authorized if the "C"  school or 
1,  - ,,  schocl p a c k a g e   the servicemember completed was listed on the 
? a - e e z   Schools iist  (CSL) in effect on the date of reenlistment. 

I 

-  Petitioner requests automatic advan 
conpletion date of 0425 "C" scllu,l  traini 

upon the 
t h -   STAR program. 

-  Petirloner completed TRIDENT LEVEL I11 MASTER OPERATION AND 

I-IAINrTE??ANCE TECHNICIAN  (NEC 0425) in December 1998.  Per 
~ n . E e r e n c c  {e), chis course of instruction was listed on the CSL 
, c  t h c   time petj.tioner completed training.  However, petitioner 
d i ; l   not  initia1l.y reenlist under the STAR program, because at the 
ti!r!,:  of r=.enlistrnent, the STS rate was not. eligible to receive 
L e r ! e f  its > ~ n d e r  the STAR program. 

-  E U P E R S   c a n n o t   provide information pert ining to subsequent STAR 
PlFi\~ADC.SIX's  CSL  until  after  the  NAVADM N  has  been  released. 
T I - ~ z r c f c r e  t ! ~ e  petitioner could have not  een counseled concerning 
prior  to his  reenlistment.  Petitioner' s hindsight 
:-.r.,Ccret:c.: 

: s   I-[@?-  ~ ~ ~ f f l c i e n :  grounds to change the 1 reenlistment contract to 

:?iiecz  hTP.R  reenlistment as no error or ~njustice was committed. 

c 

? .- . 
2.  .5 . 

: n r:ier;  of :he  above, recommend petit'oner's  record remain as 

f 

3 .   T h i s   i s   a n   a d v i s o r y   memorandum  t o   r e f e r e n c e   ( a )   f o r   t h e   u s e   by 
t h e   Board  f o r   C o r r e c t i o n   of  Naval  Records  ( P N R )  o n p .   E n c l o s u r e  
(1) i s   r e t u r n e d .  

Head, 
R c .   i1listmer:t  I n c e n t i v e s   Branch 



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