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NAVY | BCNR | CY2004 | 00658-04
Original file (00658-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100       



                  MEH:ddj
                  Docket No: 658-04
         11 May 2004

         ET1

Dear PETTY OFFICER:

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 11 May 2004. 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 4811/161 of 9 April 2004, 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 eligible to reenlist prior to passing through zone “A” because the investigation for your security clearance was not completed. No error or injustice occurred and the Board did not concur 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,



W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
 MILLINGTON TN 38055-OOOO

                           1160
                                                                                           Ser 4811/161
                                                                                          09 Apr 2004

 MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-OOZCB
Subj:    BCNR PETITION ICC ET1 USN
          Ref:     (a)      SNM’S DD Form 149 dtd 24 Dec 03
                  (b)      NAVADMIN 180/97
                  (c)      OPNAVINST 1160.6A

 End:     (1) BCNR File
1.       In response to reference (a), recommend approval to the petitioner’s request.
2.       The petitioner’s ADSD is 23 January 1992. The petitioner passed through the zone “A” SRB window on 22 January 1998. The petitioner’s EAOS at the time was 22 January 1998. Reference (b) provided a zone “A” SRB award level for the ETSW rate at the time the member passed through zone “A”. However, due to a delay security investigation the member was unable to reenlist prior to passing through zone “A”.
3.       The petitioner reenlisted on 18 May 1998 for four years and received a zone “B” SRB entitlement for the ETSW rate. The petitioner reenlisted on 28 December 2001 for tour years to receive a zone “B” SRB entitlement. The petitioner’s SRB request was denied because the member previously received a zone “B” SRB payment. Per reference (c), service members reenlisting for SRB may receive only one zone “A”, one zone “B”, and one zone “C” bonus during a career.
4.       The petitioner requests to backdate the 18 May 1998 reenlistment contract to 22 January 1998 and receive the zone “A” SRB offered in reference (b) . The petitioner requests to receive the zone “B” SRB for the reenlistment of 28 December 2001.
5.       The petitioner would have been eligible to reenlist t r the zone “A” SRB, if the security investigation would have been completed prior to 22 January i998.
6.       In view of the above recommend the reenlistment contract of 18 May 1998 be backdated to 22 January 1998. This change will entitle the member to a zone “A” SRB with an award level 3.5 for the ETSW rate. Recommend the petitioner to receive the zone “B” SRB for the four-year reenlistment of 28 December 2001 with an award level of 3.5 for the ETSW rate. Remaining obliserve to 21 January 2002 will be deducted from SRB computation.







Subj:    BCNR PETITION USN,


7.       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.



MMC(SS) USN
Reenlistment Incentives Branch

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