DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:ecb
Docket No: 6334-03
21 October 2003
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 21 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 8 1 11454 dated 26 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. 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,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MI LLINGTON T N 38055-0000
1160
Ser 811/454
26 Sep 2003
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via :
PERS-OOZCB
Sub j : BCNR PETITION
Ref:
(a) SNM'S DD Form 149 dtd 23 Jul 03
( b ) NAVADMIN 050/00
( c ) OPNAVINST 1160.6A
Encl: (1) BCNR File
1. In response to reference (a), recommend disapproval to the
petitioner's request.
2. The petitioner reenlisted on 05 April 2000 for six years and
received a zone "B" SRB entitlement for the HM(8493) rate/NEC.
Reference (b) listed the HM(8493) rate/NEC at the 1.0 award level at the
time the member reenlisted.
3. The petitioner requests to have the SRB payment readjusted to
reflect the 4.0 award level for the Diver NEC 5342. The petitioner
states that the MEDICAL DEEP SEA DIVING TECHNICIAN (NEC 8493) training
is the same as the DIVER SECOND CLASS (NEC 5342). However, reference
( b ) lists the award level for NEC 5342 at 4.0 and NEC 8493 at 1.0.
4. PERS-811 cannot determine how a NEC is awarded at the completion of
training. However, per reference (c), the member must be serving in a
SRB rating/NEC on the date of reenlistment. The SRB payment cannot be
increased unless the service member holds the actual rate/NEC listed on
the SRB award level message.
5. In view of the above, recommend the petitioner's record remain as
is.
6. This is an advisory memorandum to reference (a) for the use by the
Board for correction of Naval Records (BCNR) only. Enclosure (1) is
returned.
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