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NAVY | BCNR | CY2006 | 06397-06
Original file (06397-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 DJC
 Docket No. 6397-06
31 October 2006

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 usc 1552.
A three-mentber panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 31 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 4811/562 dtd 20 Sep 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.
                                                                                 W. DEAN PFEIFFER
                                                                                 Executive Director


Enclosure












DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055.0000


 1160
 Ser 4811/562
20 Sep 2006
MEMOPA~D~ FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-3lC
 Ref:     (a) SNM’S DD Form 149 dtd 10 Jul 06
 (b)      COIYThJAVPERSCOM MILLINGTON TN//PER54913// 28l821z NOV 05
(c)      CONJNIAVPERSCOM MILLINGTON TN//PERS8IS// 090937z DEC 05
 (d)      NAVADMIN 070/05
 (e)      OPNAVINST ll6O.6A
End:     (1) BCNR File
In response to reference ( ), reco end disapproval to the petitioner’s request.
2.       Reference (b) authorized the petitioner’s Perform To Serve (PTS) request to change Branch Class Status to uSNR(TAR) and conversion to PR rate via “A” school completion. The petitioner signed a NAVPEPS 1070/601 two-year reenlistment contract on 30 December 2005 as required in references (b) and (c) . Reference (d) provided a zone “A” SRB award level of 1.5 for the PR rate at the time of the member’s reenlistment.
3.       The petitioner signed a NAVPERS 1070/601 for three years on 11 May 2006 and received a zone “A” SRB for the PR rate. The petitioner earned 16 months total SRB payment due to the BAGS of 30 December 2007. Based on the provision established in reference (e) the remaining obligated service prior to SRB reenlistment is deducted from SRB computation. The OTT program only guarantees SRB award level at time of OTT approval.
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.

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