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NAVY | BCNR | CY2001 | 01519-01
Original file (01519-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX .
WASHINGTON DC 20370-5100 MEH:ddj

Docket No: 1519-01
12 June 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 12 June 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 10 May 2001, 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

WAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TNH 38055-0000

 

1160
PERS-815
10 May O1
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-00ZCB

Subj: BCNR PETITION ICO gigiemmsgets
439-43-9007 —_

 

Ref: (a) SNM's DD Form 149 dtd 13 Feb 01
(6b) NAVADMIN 122/95
(c) NAVADMIN 308/95

Encl: (1) BCNR File

1. In response to reference (a), recommend disapproval of the
petitioner's request.

a. The petitioner reenlisted on 14 December 1995 for six
years after completion on NEC 1119 “Cc” school training. The
petitioner received a zone “B” SRB entitlement for the FC(1119)
rate/NEC at the time of reenlistment. Reference (b) listed the
zone “B” entitlement for the FC(1119) rate/NEC at award level
LQ.

 

b. Reference (c), released on 18 December 1995 with an
effective date of 01 February 1996 increased the award level for
the FC(1119) rate/NEC to 2.0 vice 1.0.

c. The petitioner requests to cancel the reenlistment date
of 14 December 1996 and effect a reenlistment in February 1996
2000 to receive the increased SRB award level entitlement offered
in reference (cc).

d. Navy Personnel Command/OPNAV cannot provide information
pertaining to subsequent SRB NAVADMIN’s until after the NAVADMIN
has been released. Therefore the petitioner could not have been
counseled concerning reference (c) prior to the reenlistment.
The petitioner’s hindsight is not sufficient grounds to expunge
the 14 December 1995 reenlistment as no error or injustice was
committed.

2. In view of the above, recommend the petitioner’s record
remain as is.
Subj: BCNR PETITION ICOR@M#

   

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. f aia cele

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