DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 10360-02
15 April 2003
Dear
This is in reference to your provisions of title 10 of the
application for correction of your naval record pursuant to 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 15 April
2003. 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 NPC memorandum 1160 Ser 811/109 of
28 February 2003, 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.
BUPERS order 3191 required you to obtain obligated service to July
2005 and stated this service must be obtained prior to transfer. As
you were directed to detach in May 2002 you could not have waited
until 20 June 2002 to reenlist. In this connection, the Board
disagreed with the comments contained in the advisory opinion.
Accordingly, your application has been denied. However, it was noted
that you were eligible for an PC zone “B” SRB on either 25 May 2002,
the day you executed the 33 month extension, or 30 November 2002
(EAOS). You may request the Board correct your record to execute a
reenlistment on either of those dates. 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.
Docket No: 10360-02
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
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1160
Ser 811/109
28 Feb 2003
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS OOZCB
Subj: BCNR PETITION ICO
Ref: (a) SliM’s DD Form 149 dtd 14 Nov 02
(b) NAVADMIN 097/02
End: (1) BCNR File
1. In response to reference (a), recommend approval to the petitioner’s
request.
2. The petitioner signed a 33 months NAVPERS 1070/621 extension on 25
May 2002 to have obliserve for BUPERS orders to AEGIS TRAREDCEN
DAHLGREN VA. The petitioner’s EAOS at the time was 30 November 2002.
Reference (b) listed a zone “B” SRB entitlement for the FC(0000) rate
at the time the member signed the extension.
3. The petitioner request to cancel the 33 months extension agreement of
25 May 2002 and replace with a three year reenlistment for the zone “B” SRB
offered in reference (b). The petitioner state that he was miscounseled
that if he reenlist at the EAOS of 30 November 2002, then the 33 months
extension will automatically drop. However, Per reference (b), any enlisted
member may cancel up to 24 months of a non operative extension of
enlistment provided the member reenlist for two years beyond extended EAOS.
4. The petitioner reenlisting 24 months beyond his SEOAS of 31 August
2005 will only cancel 24 months of the 33 months non operative
extension.
5. In view of the above, recommend the 33 months NAVPERS 1070/621
extension of 25 May 2002 be expunged. Recommend effecting a reenlistment on
20 June 2002 for three years. This change will entitle the member to a zone
“B” SRB with an award level of 2.5 for the FC(0000) rate. Remaining
obliserve to 30 November 2002 will be deducted from SRB computation.
Subj: BCNR PETITION ICO
6. This is an advisory memorandum to reference (a) for use by the Board
for Correction of Naval Records (BCNR) only. Enclosure (1) is returned.
I4MC(SS) USN
Reenlistment Incentives Branch
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