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NAVY | BCNR | CY2006 | 06563-06
Original file (06563-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No.6563-06
7 Nov 06

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 November 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 4811/561 dtd 21 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.

                                                     
Sincerely,

                                                               W. DEAN PFEIFFER
                                                                         Executive Director


Enclosure



DEPARTMENT OF THE NAVY
NAVY PERSONN EL COMMAND
MILLINGTON TN 38O55~OOOO

 1160
Ser 4811/561
          21       Sep      2006
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-31C
         

Ref:     (a) SNN’S DD Form 149 dtd 20 Jul 06
          (b)      NAVADMIN         013/06
 (c)      NAVADMIN 195/06
End:     (1) BCNR File
1. In response to reference (a), recommend disapproval to the petitioner’s request.
2. The petitioner signed NAVPER 1070/601 five-year contract on 03
July 2006. The petitioner received a zone “A” SRB entitlement for the
CS rate with an award level of 0.5 provided in reference (b). The
petitioner’s EAOS at the time of reenlistment was 06 July 2006.
3. Reference (c) released on 05 July 2006 increased the zone “A” SRB award level to 1.0 for the CS rate. The petitioner requests to change the reenlistment contract to reflect 05 July 2006 and receive the zone “A” SRB based on the increased award level.
4. Naval Personnel Command/OPNAV cannot provide information pertaining to subsequent SRB NAVADMINS until after the NAVADMIN has been released. Therefore the petitioner could not have been counseled concerning reference (c) prior to the reenlistment. The petitioner’s hindsight is not sufficient grounds to change the reenlistment contract as no error or injustice was committed.
5. In view of the above recommend the petitioner’s record remain as
is.
6. 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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