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NAVY | BCNR | CY2006 | 05392-06
Original file (05392-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         • ~      2 NAVY ANNEX
                  WASHINGTON DC 20370-5100



DJC
Doc. No. 5392-06
11 October 2006


This is in reference to your application f or 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 11 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 opinion furnished by NPC MEMO 1160 SER 4811/532 dtd 23 August 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- O00O


                  1160
                                                                                 Ser 4811/532
                                                                                
23 Aug 2006

MEMORANDUN FOR CHAIRNP~N, BOARD FOR CORRECTION OF NAVAL RECORD
Via:     PERS-3lC

Subj

Ref:     (a) SUN’S DD Form 149 dtd 06 Jan 04
(b)      COI V INAVPERSCOM MILLINGTON TN //8llE// 2lO8llZ OCT 03
(C)      NAVADMIN 159/03
(d)      NAVADMIN 070/05


Encl: ( 1 ) BCNR File


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

2.       Reference (b) is authorization for the petitioner to convert to the HM rate via “A” school training. The petitioner signed a four-year reenlistment contract on 06 January 2004 to meet OBLISERVE for PCS transfer to HM “A” school training. The petitioner’s EAOS at the time was 06 March 2004.

~.       The petitioner received transfer orders in April 2004 to attend NEC 8483 “C” school training via NEC 8404 training. Reference (c) provided a zone “A” SRB for NEC 8483 at the time the petitioner received orders to NEC 8483 training. The petitioner completed NEC 8483 training on 16 November 2005. Reference (d) listed a zone “A” SEE award level for NEC 8483 at. the time the member completed training.

4.       The petitioner requests to adjust reenlistment contract to reflect
16 November 2005 and receive the SRB entitlement offered in reference
(d).

5.       The petitioner reenlisted on 06 January 2004 to OBLISERVE for the HM “A” school training. The petitioner received PCS transfer orders to attend NEC 8483 training after reenlistment date.

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

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.


ETC(SW/AW) USN
Reenlistment Incentives Branch



















































2

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