DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: ddj
Docket No: 3533-99
8 September 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 8 September 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by BUPERS memorandum 1160 PERS 815 of 4 August 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
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
280550000
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:
PERS-OOZCB
Ref:
SNM's DD Form 149 dtd 27 Apr 99
(a)
(b) NAVADMIN
(c) NAVADMIN
047/98
243/98
Encl:
(1) BCNR File
In response to reference (a), recommend disapproval of
1.
petitioner's request.
- Petitioner reenlisted on 18 Jun 1998 for 4 years and
received the maximum zone "B" SRB entitlement of
NEC 5326 offered in reference (b).
was 20 Jul 1998.
Petitioner's EAOS at the time
$20,000.00 for
- Reference (c), released 03 Nov 1998 immediately raised the
SRB ceiling of
$20,000.00 to
$30,000.00.
- Petitioner previously received a zone "A" SRB entitlement
for the maximum of
Petitioner's EAOS at the time was 20 Aug 1994.
$20,000.00 on 21 Jul 1994 for NEC 5326.
- Petitioner acknowledges that if he was allowed to reenlist
at his original EAOS of 20 Aug 1994 for his zone "A" SRB
entitlement, that his EAOS prior to this reenlistment of 18 Jun
1998 would have been 19 Aug 1998.
had the opportunity to receive the SRB entitlement increase of
$30,000.00.
Therefore petitioner would've
- Per reference (c), members who reenlisted or extended prior
to the DTG of the message was entitled to SRB at the award level
specified in their approved
Petitioner reenlisted five
months prior to the release of reference (c) therefore petitioner
is not eligible to receive the SRB maximum of
$30,000.00.
precert.
-
BUPERS/OPNAV cannot provide information pertaining to
NAVADMIN's until after the NAVADMIN has been
Therefore the petitioner could not have been counseled
subsequent SRB
released.
concerning reference (c) prior to the reenlistment.
hindsight is not sufficient grounds to recompute the SRB ceiling
$30,000.00 vice
$20,000.00 for the reenlistment of 18
to reflect
Jun 1998.
Petitioner was not improperly advised concerning the
reenlistment one month prior to his EAOS of 21 Aug 1994 for his
zone "A" SRB entitlement, because the actual SRB window at the
Petitioner's
time was 30 days prior to the EAOS.
In view of the above, recommend petitioner's record remain as
2.
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.
Reenlistment Incentives Branch
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