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NAVY | BCNR | CY2006 | 03687-06
Original file (03687-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SRB
Docket No. 3687-06
25 Oct 06










This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2006. 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 opinions furnished by NPC letter 1000 Pers312Dl/2l of 28 July 2006, 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,



W. DEAN PFEIFFER
Executive Director



Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000


1000
PERS-312D1Dl/21
JUL 28 2006



From:    Commander, Navy Personnel Command
To:      Executive Director, Board for Correction of Naval Records
Via      Assistant Board for Correction of Naval Records (Pers-31C)

Subj:


Ref::    (a) BCNR Docket Number 3687-06
         (b) MILPERSMAN 1000-100

        
         1.       It is our opinion that reference (a), is no an administrative error and can not be changed by this office.               

The Enlistment Co ntract- (DD Form 4) and the Record of Military Processing (DD 1966) has the home of record listed The member’s request also states she was residing at the time of her enlistment.

2.       Reference (b), the home of record is the place declared by the service member to be the permanent home, or actual home of the member when commissioned, appointed, enlisted, inducted, or ordered into a tour of active duty. A correction to the home of record may be authorized in those instance when, through a bona fide error, the place originally named at time of current entry into the service was not in fact the actual home. Any such correction must be fully justified and the home, as corrected, must be the actual home of the member upon entering the service.





By direction

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