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NAVY | BCNR | CY1999 | 03422-99
Original file (03422-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V S  

BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON DC  203745100 

MEH: tj 
Docket No:  3422-99 
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 
is attached. 

of  26 July  1999, a copy of  which 

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 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 injus~ice. 

Sincerely, 

W.  DEAN PFEIFFER 
Executive Director 

Enclosure 

D E P A R T M E N T  OF T H E  NAVY 

BUREAU O F  NAVAL  PERSONNEI 

5720 INTEGRITY DRIVE 

MILLINGTON T N  38055-0000 

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

1160 
PERS-815 
26 Jul 99 

MEMORANDUM  FOR CHAIRMAN, BOARD FOR CORRECT'~:ON OF NAVAL RECORDS 
Via: 

PERS-OOZCB 

Subj :  BCNR PETITION I

C

- . .  

O

~

 

Ref: 

I 
(a) SNM's DD Form 149 dtd 6 May 99 
(b) NAVADMIN 251/96 
(c) NAVADMIN 068/97 

Encl :  (1) BCNR File 

1.  In response to reference  (a), recornmen:-j. disapproval of 
petitioner's request. 

-  Petitioner reenlisted on 07 Dec 96 f)r  3 years and received 

a zone "A" SRB for the OS (0000) rate/NEC.  Reference  (b) carried 
the zone "A" SRB entitlement for the OS(OOil0) rate/NEC with an 
award level of 1.5 at the time petitioner  reenlisted. 
Petitioner's  EAOS at the time was 06 Dec 1996. 

-  Reference  (c), released on 26 Mar  97 with an effective date 

of 1 Apr 97 increased the zone "A" SRB award level to 2.0 vice 
1.5 for the OS (0000) rate/NEC. 

-  Petitioner advanced to paygrade E-5  n 15 Dec 1996. 

-  Petitioner requests to expunge reenlistment date of 07 Dec 

96 and effect a 7 month extension to his P3D of July 1997. 
Additionally, petitioner requests to effecs a reenlistment in 
July 1997 to receive the higher zone "A" S3B entitlement in 
reference  ( c )  as a paygrade E 5   and award 1-vel  2.0. 

-  BUPERS/OPNAV cannot provide information pertaining to 
subsequent SRB NAVADMINts until after the NAVADMIN has been 
released.  Therefore the petitioner could not have been counseled 
concerning reference  (c) prior to the reenlistment.  Petitioner's 
hindsight is not sufficient grounds to exF;lnge the 07 Dec 96 
reenlistment and effect a reenlistment in July 1997 as no error 
or injustice was committed.  However, petitioner was eligible to 
extend to his PRD of July 1997, knowing toat his advancement to 
paygrade E5 was effective the same month as his reenlistment 
date. 

-  Petitioner should have been advised to extend his original 
EAOS of 06 Dec 1996 to his PRD of July 1997 and reenlist the day 

aft --  . : .  effp-t i .re  dat .  of . 

r,!.  to pa ygrade  E 5  . 

I

 

~

V

I

-

2.  In view of the above, recommend expunging petitioner's  3 year 
reenlistment of 07 Dec 1996.  Recommend effecting a 7 month 
extension on 06 Dec 1996.  Additionally, recommend effecting a 
reenlistment on 17 Dec 1996 for 6 years.  This change will 
entitle petitioner to receive a zone "A"  SRB with an award level 
of 1.5 for the OS rate as paygrade E5.  Obliserve to 06 Jul 1997 
will be deducted for SRB computation. 

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

I 

n t   Incentives Branch 



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