DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
MEH:ddj
Docket No:
1 October 2002
118842
This is in reference to your application for correction of your naval record pursuant to the
provisions of title
10 of the United Stares Code, section
1552.
1 October 2002. Your allegations of error and injustice
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on
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
attached.
In addition, the Board considered the advisory
5000 Pers 913 of 25 April 2002, a copy of which is
.
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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
PERSONNEL COMM
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
N AVY
AN D
Y
500 0
PERS-913
25 Apr 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS
OOZCB)
(a) BCNR Memo of 28 Mar 02
(b) NAVRESPERSCEN MSG DTG 1602332 APR
(c) NAVADMIN
336/01 DTG 2119302
Dee 01
01
Encl:
(1) BCNR File 01188-02
Per reference (a),
1.
are forwarded concerning
of his Immediate Reenlistment Contract,
8 September 2001 to 1 January 2002,
a Selected Reenlistment Bonus
(SRB).
the following comments and recommendation
Laird's request to change the date
PN2
(NAVPERS
1070/601) from
thus enabling him to receive
Petty Officer
(b),
obllga
1070/601."
an Agreement of Extension (NAVPERS
an extension of his previous enlistment contract was
transfer orders,reference
ain obligated service to November 2003,
"if reenlistment would not be beneficial
2.
directed PN2
and further stipulated
for member at this time,
1070/621) must be signed in lieu of NAVPERS
Therefore,
an acceptable method of compliance with the obligated service
r to
requirement and he was not required to reenli
states that
executing his transfer orders.
liserving
the "PSD was not willing to let me detach wit
im to
for orders."
He does not state that they
reenlist or whether he discussed with them the option to extend.
While it is possible that there may have been a misunderstanding
between Petty Office
the PSD over the
the onus was on Petty Officer
his satisfaction before reenl
Office
PERS-812 and had been advised to not reenlist.
and the individual he spoke with at
service requirement, we believe that
to clarify the situation to
ad discussed his case previously with a PNC at
Additionally, Petty
Petty Officer
require
he should have been aware of the applicable
His orders clearly stated the obligated service requirements
as a PN2,
article regarding enlistment extensions.
and with no evidence to the contrary, we believe that PN2
,decision to reenlist was voluntary and executed
In view of the above,
and,
MILPERSMAN
properly.
Reference
3.
Petty Officer
2002.
Person
(c), the message authorizing SRB to personnel in
became effective on 1 January
category,
listing before 1 January 2002, were not
for the SRB.
reenlistment was voluntary and properly executed, there
asis to change his
Based on our finding that Petty Officer.
reenlisthent date to make him eligible
While it is regrettable that PN2
Our research of this case found no
to receive the bonus.
evidence of an error or injustice being committed on the part of
the Navy.
it was not due to any
eligible for a bonus by a few months,
We can not favorably consider his request
fault of the Navy.
without reviewing and favorably considering the cases of every
other sailor who may have missed SRB eligibility under similar
circumstances.
we recommend disapproval of PN2
Therefore,
-missed being
s request.
Additional questions may be directed to
4.
(901) 874-4503 or E-mail
P913b@Persnet.navy.mil.
PNCM(AW/SW)
at
Naval Reserve
Director,
Administrative Division
Naval Reserve Personnel
copy to:
PERS-913
2
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