DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
MEH: ddj
Docket No: 869-01
30 May 2001
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 30 May 2001. 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 1 May 2001, a copy of which is
attached.
After careful and conscientious consideration of the
ertire 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
the advisory opinion. Accordingly, your application
the members of the panel will be furnished upon request.
c.oncurred with the comments contained in
has been denied. The names and votes of
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
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PERS-815
01 May 01
MEMORANDUM FOR CHAIRMAN,
BOARD FOR CORRECTION OF NAVAL RECORDS
Via:
Subj:
Ref:
PERS-OOZCB
BCNR PETITION ICO
SNM's DD Form 149 dtd 31
0c.t
00
-
(a)
(b) NAVADMIN
(c) NAVADMIN
183/97
047/98
Encl:
(1) BCNR File
In response to reference (a),
1.
petitioner's request.
recommend disapproval of the
a.
Reference (b) released on 28 July 1997, awarded NEC 2735
to eligible sailors who have not completed the formal military
course of instruction.
b.
The petitioner submitted a request to receive NEC 2735
However, the
through his command on board the USS DALLAS.
petitioner's Executive Officer denied the request for NEC 2735.
The petitioner was later awarded NEC 2735 in March 2000.
C .
The petitioner reenlisted on 15 July 1998 for five years
to continue active service.
the effective date of receiving NEC 2735 from March 2000 to 15
July 1998 and receive the zone
reference (c).
"T" SRB entitlement offered in
The petitioner requests to backdate
d.
Reference (c) listed a zone
'I$?" SRB entitlement for the
RM(2735) rate/NEC at the time the petitioner reenlisted.
Unfortunately,
available to all rates that hold the NEC for SRB eligibility.
reference (c) does not indicate if NEC 2735 was
e.
PERS-815 does not have the authorization to determine the
petitioner's eligibility for NEC 2735 upon the release of
reference (b).
NEC changes are determined by EPMAC.
In view of the above,
2.
the same.
recommend the petitioner's record remain
BCNR PETITION ICO
Subj:
3.
Board for Correction of Naval
is returned.
Enclosure (1)
the
This is an advisory memorandum to reference (a) for use by
Record9
t:BCNR) only.
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