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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