DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 37 10-99
21 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 21 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
applicable statutes, regulations and policies.
In addition, the Board considered the advisory
opinion furnished by BUPERS memorandum 1160 PERS 815 of 19 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
MILLUNGTON TN 35055-0000
1160
PERS—815
19 Aug 99
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:
PERS—OOZCB
Subj:
BCNR PETITION ICO
_______
11~
II.~1
Ref:
(a) SNM’s DD Form 149 dtd 25 May 99
(b) NAVADMIN 253/98
(c) NAVADMIN 132/99
End:
(1) BCNR File
1.
In response to reference (a), recommend disapproval of
petitioner’s request.
- Petitioner reenlisted on 9 Apr 1999 for 2 years prior to
transfer to COM TWO ZERO NCR GULFPORT, MS.
carry SRB entitlement for the CE rate at the time petitioner
reenlisted.
Reference (b) did not
- Reference (c), released on 30 Apr 1999 with an effective
date of 1 May 1999 carried a zone “B” SRB entitlement for the CE
rate.
- Petitioner requests to expunge the reenlistment date of 9
Apr 1999 to effect a SRB eligible reenlistment on 8 May 1999 and
receive the zone “B” entitlement in reference (c)
- BUPERS/OPNAV cannot provide information pertaining to
subsequent SRB NAVADMIN’s until 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 expunge the 9 Apr 1999 reenlistment
as n~ error or injustice was committed.
In view of the above, recommend petitioner’s record remain as
2.
is.
This is an advisory memorandum to reference (a) for use
3.
by the Board for Correction of Naval Records (BCNR) only.
Enclosure (1) is returned.
Head,
Reenlistment Incentives Branch
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