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NAVY | BCNR | CY2006 | 05957-07
Original file (05957-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
Docket No. 5957-07
18 December 2007




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 17 December 2007. 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 CNRFC Memo 5420 Ser N1C2/0542 dtd 30 Nov 07, 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.

Si ncerely,


         W.       DEAN PFEIFFER
         Executive Director
                                                                                


Enclosure
                                             DEPARTMENT OF THE NAVY
                                             COMMANDER NAVY RESERVE FORCES COMMAND
                                                      4400 DAPHINE STREET
                                              NEW ORLEANS, LOUISIANA 7 0146-5100

IN REPLY REPER TO
5420
Ser N1C2/ 0 542

From:    Commander, Navy Reserve Forces Command
To:      Board for Correction of Naval Records
Subj:    Advisory OPINION ICO
        
         Ref:     (a)      BCNR FILE 5957-07
                  (b)      NAVADMIN 020/05
                  (C)      ALNAVRESF O R 022/04
1.       The request contained in reference (a) is not supported.
 Reference (b) did not apply to because he reenlisted on 13 February 2005 as a Selected Reservist. Reference (b) applies to Active Component members who reenlist. Reference (c) is the bonus eligibility message that applied to at the time of his reenlistment. He was not eligible for a Navy Reserve reenlistment bonus.
         2.                was discharged from the Navy Reserve on 11 September 2007 due to Unsatisfactory Participation.
3. My point of contact is CDR at commercial (504)678-8681, DSN 678-8681 or via e-mail at





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