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NAVY | BCNR | CY2003 | 05848-03
Original file (05848-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  N A V A L R E C O R D S  

2  NAVY  ANNEX 

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

MEH:ecb 
Docket No:  5848-03 
15 October 2003 

Dear 

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  15 October 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  PERS memorandum  1 160 Ser 81 1 dated  15 September 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.  You  were not entitled to a zone "C" Selective Reenlistment Bonus (SRB) prior  to 
passing through the zone as you  had  not yet  completed MA  "A" school training.  It is unfortunate 
that  your original school completion date was changed but  a service member must be qualified in 
the SRB rating on  the date of  reenlistment.  In  this connection, the Board  did  not  concur with  the 
comments contained in paragraph  7 of 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. 

Enclosure 

Sincerely, 

W.  DEAN PFEI 
Executive Directo 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

1160 
Ser 811/434 
15 Sep 2003 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS 

Via : 

PERS OOZCB 

Sub j : 

Ref: 

(a) SNM1s DD Form 149 dtd 11 Jun 03 
(b) NAVADMIN 097/02 
(c) COMNAVPERSCOM MILLINGTON TN 1309372 DEC 02 
(d) OPNAVINST 1160.6A 

Encl : 

(1) BCNR File 

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

2.  The petitioner received BUPERS order 2402 on 28 August 2002 to 
attend the MA 'A"  school via the approval of the Lateral Conversion 
program.  The petitioner's BUPER order 2402 instructed the member to 
attend the MA 'A"  school at Kings Bay, GA with a graduation date on 09 
May 2003. 

3.  Reference (b) listed a zone 'C"  SRB entitlement for the MA rate at 
the time the petitioner received BUPERS order 2402.  Reference (c) 
approved the petitioner to sign a NAVPERS 1070/621 extension via the 
"Obliserve to Train" program.  The petitioner signed a NAVPERS 
1070/621 extension for 24 months via the "OTT".  The petitioner 
received a notice that the MA school at Kings Bay, GA was closing. 
Therefore, the petitioner received a BUPERS order modification on 23 
April 2003 to attend the MA  'A"  school at LTA HAMPTON ROADS, VA.  The 
petitioner's MA 'A"  school training convened on 28 April 2003 and 
completed on 06 June 2003. 

4.  The petitioner passed through the zone 'C"  SRB window on 31 May 
2003.  The petitioner was not eligible for the zone 'C"  SRB at the 
completion date of training on 06 June 2003. 

5.  The petitioner requests to receive the SRB entitlement because due 
to no fault of his own the closure of the MA 'A"  school at Kings Bay, 
GA changed the completion date from 09 May 2003 to 06 June 2003.  Per 
reference (d), service members must be qualified in the SRB rating/NEC 
on the date of reenlistment. 

Subj:  BCNR PETITION ICO 

6.  The petitioner was required to be in the MA rate on the date of 
reenlistment.  However, the petitioner was initially set to earn the 
MA rate on 09  May 2003  in accordance with the original BUPERS order 
2 4 0 2 .  

7.  In view of the above, recommend effect a reenlistment on 09  May 
2003  for three to six years.  This change will entitle the member to a 
zone 'C"  SRB with an award level of 0.5  for the MA  rate.  The 
petitioner should receive the SRB without monetary loss of 
entitlement. 

8.  This is an advisory memorandum to reference (a) for use by the 
Board for Correction of Naval Records (BCNR) only.  Enclosure  (1) is 
re turned. 

Reenlistment Incentives Branch 



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