DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 209-01
16 October 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the
IJnited States Code, section
1552.
A three-member pane1 of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 October 2001.
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.
opinion furnished by NPC memorandum 5730 Pers 9 1 of
attached.
In addition, the Board considered the advisory
15 December 2001, a copy of which is
Your allegations of error and injustice
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 COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
D
5730
PERS 9 1
Dee 01
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MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via : Assistant for BCNR Matters (PERS-OOZCB)
Ref:
( 1 ) 10 U.S.C. 1552
Encl:
(1) BCNR File 209-01
1. Enclosure (1) is forwarded with the following comments and
recommendations:
a.
We do not support Petty Officer
nd that his record not be change
has other options available to obtain a reenlistment
petition and
Petty Officer
bonus as explained below in paragraph 2.
b .
Petty Officer
two years on 30 July
(EOS), he elected to extend his con
end of service
thirty-six months.
At the time of his extension P
Naval Reserve Center Richmond advised Petty Office
’ ht be eligible for a reenlistment/extension
nlisted in the Naval Reserve for
8 July 2000, one day prior to his
f
1
that
believed Petty Office
was eligible because at that
ime the HM3 rating was assigned ECMO category
‘B" (desired
manning level).
were eligible
PNl
thought that members in ECMO B ratings
After Petty Officer
a case by case basis and informed
s possibility.
learned that only members with
ry B ratings
'ble for
that because
or any bonus.
’
w
informed Petty Officer
tical NEC he was not el
bonuses.
he did posses
In October 2000 HM3 rating was changed to ECMO category
(underm
Officer
for reenlistment/extension bonuses.
hich qualified all HM3 personnel, including Petty
"AN
Subj:
REQUEST FOR ADVISORY OPINIONS IN THE
CASE OF
C .
the inaccurate information provided to Petty
prior to his EOS in July 2000.
Officer
However, we do
not feel that this misinformation created any injustice or error
that wa
Officer
reenlist, or be separated not later than July 2000.
Regardless
of his decision he would have not been eligible for a bonus until
October 2000.
ctive action or a change to his record.
ill had to make a career decision to extend,
Petty
Petty Officer
ay request from Navy Personnel Command
2.
a waiver to reenlist before completion of his current obligation
in order to qualify for a reenlistment bonus.
immediately reenlist in order to obtain eligibility for
Montgomery G. I. Bill benefits, which may also qualify him for
reenlistment bonus.
He may also
Additional questions may be directed to LCDR
3.
(901) 874-4501.
t
Director, Naval Reserve Personnel
Administration Division
2
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