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NAVY | BCNR | CY2006 | 03695-06
Original file (03695-06.rtf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


DJC
Doc. No. 3695-06
26 September 2006







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 f or Correction of Naval Records, sitting in executive session, considered your application on 26 September 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 opinion furnished by NPC memo 1160 Ser 48117520 dated 17 August 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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 4811/520
         17 Aug 2006

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:     PERS-31C

Subj:

Ref:     (a) SNM’S DD Form 149 dtd 25 Apr 06
         (b)      RECALL TO ACTIVE DUTY IN FTS PROGRAM PERS 4913 dtd 29 Jun 05
         (a)      NAVADMIN 100/05
         (d)      OPNAVISNT 1160.6k
        
        
End      (1) BCNF File

1. In response to reference (a) recommend disapproval to the petitioner’s request.

2. Reference (b) authorized petitioner to recall FTS in the PN rate via reenlistment. The petitioner signed a three-year reenlistment contract on 26 July 2005. Reference (c) provided a zone “A” FTS SRB award level for the PN rate at the time the member reenlistment. The petitioner requests to receive the FTS SRB payment based on the reenlistment of 26 July 2005.

3.        The petitioner is ineligible for the zone “A” FTS SHE entitlement because the member is on a first-term active Navy enlistment. Reference (d) general SHE reenlistment criteria, the service member must have at least 21 continuous months but not more than 14 years of active Navy service. The petitioner’s record does not show prior active Navy service.

4.       In view of the above recommend the petitioner’s record remain as is.

5. 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.



ETC(SW/AW) USN
Reenlistment Incentives Branch

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