DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
MEH:ddj
Docket No: 7306-02
26 November 2002
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 26 November 2002. 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.
opinion furnished by NPC memorandum 1160 Ser 8 1
is attached.
In addition, the Board considered the advisory
l/442 of 28 October 2002, a copy of which
After careful and conscientious consideration of the entire record, and notwithstanding the
comments contained in the advisory opnion, the Board found that the evidence submitted was
insufficient to establish the existence of probable material error or injustice. The program you
reenlisted for required a 6 year obligation, there is no justification for changing it to a 2 year
term. 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.
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.
In this regard, it is important
Consequently,
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE
NAVY PERSONNEL COMMAND
NAVY
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:
PERS-OOZCB
Subj:
BCNR PETITION ICO
116 0
Ser
28
811/442
Ott 200 2
Ref:
SNM's DD Form 149 dtd 06 Aug 02
(a)
(b) NAVADMIN
(c) OPNAVINST
049/01
1160.6A
Encl:
(1) BCNR File
In response to reference (a),
1.
petitioner's request.
recommend approval of the
a.
The petitioner discharged from active duty on 11 March 1996
after 4 years 9 months and 11 days of Navy service.
rate and rank on the date of discharge was QM3.
The petitioner's
b.
The petitioner NAVET enlisted on 28 September 2001 after 5
The
years 6 months and 11 days of discharge from active service.
petitioner enlisted as an
Reference
(b) listed a zone
rate at the time the petitioner enlisted.
adjusted to 14 December 2002.
"A" SRB entitlement for the
ET3(SS) (due to
The petitioner's ADSD was
ETSS(OOO0)
QM(SS)
&
ET(SS) rate merge).
C .
The petitioner was advised of the zone "A" SRB entitlement
listed in reference (b) by his recruiter.
the NAVPERS
‘A" SRB broken service entitlement.
1070/613 indicating that he was aware of a possible zone
Therefore the member signed
d.
The petitioner was later advised that he was not eligible for
Per reference (c), SRB broken
the broken service SRB entitlement.
service eligibility service member must have more than 24 hours but
less than four years break in service.
e.
The petitioner requests to change the six year enlistment
contract of 28 September 2001 to reflect two years to allow him to
reenlist prior to passing through the zone "A" window.
In view of the above,
2.
contract of 28 September 2001 be changed to reflect two years.
change will give the member an EAOS of 27 September 2003.
recommend the petitioner's enlistment
This
Additionally, this change will allow the member to reenlist prior to
passing through the zone "A" window on 13 December 2002.
This is an advisory memorandum to reference (a) for use by the
3.
Board for Correction of Naval Records (BCNR) only.
returned.
Enclosure (1) is
MMC(SS) USN
Reenlistment Incentives Branch
.
2
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