DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ddj
Docket No: 3163-01
24 July 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 24 July 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 8 15 of 26 June 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
IWCDRITY
MiLLlNDTON TN
SJtO
COMMAND
DRIVE
38055-0000
1160
PERS-815
26 Jun 01
MEMORANDUM FOR CHAIRMAN,
BOARD FOR CORRECTION OF NAVAL RECORDS
Via:
PERS-OOZCB
Ref:
SNM's DD Form 149 dtd 26 Mar 01
(a)
(b) NAVADMIN
(c) NAVADMIN
050/00
049/01
Encl:
(1) BCNR File
In response to reference (a),
1.
petitioner's request.
recommend disapproval of the
X.
a.
The petitioner's ADSD is 14 January 1991.
passed through zone "B"
SRB eligibility on 13 January 2001..
The petitioner
b.
Reference (c) provides an early SRB window during the
month of passing through zone, and, on or before the date of
passing through zone.
"B" window is six to 10 years of active service.
Additionally, per reference (c), the zone
C .
The petitioner reenlisted on 15 February 2001 for three
years to continue active service.
March 2000 did not list a SRB entitlement for the MR(0000) at the
time the petitioner reenlistment.
March 2001 listed the MR(OOOO) rate as eligible for SRB
entitlement.
Reference (b) released on 10
Reference (c) released on 02
d.
The petitioner requests to backdated the 15 February 2001
to 13 January 2001 and receive the zone "B" SRB entitlement for
the MR(OOOO rate.
month after the petitioner reenlisted and two months after the
member passed through the zone
Unfortunately,
"B" window.
reference (c) was released one
e. Navy Personnel Command/OPNAV cannot provide information
pertaining to subsequent SRB
has been released.
counseled concerning reference (c) prior to the reenlistment.
The petitioner's hindsight is not sufficient grounds to expunge
the 15 February 2001 reenlistment as no error or injustice was
committed.
Therefore the petitioner could not have been
NAVADMIN's until after the NAVADMIN
In view of the above,
2.
as is.
recommend the petitioner's record remain
is an advisory memorandum to reference (a) for use by the
;This
3.
Board for Correction of Naval Records
is returned.
(BCNR)
only.
Enclosure (1)
Reenlistment Incentives Branch
2
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