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NAVY | BCNR | CY2006 | 08354-06
Original file (08354-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTrON OF NAVAL RECORDS
2 NAVY ANNEX
WASH!NGTON DC 2O37U~5lOU

MEH
                                                                                          Docket No.8354-06
                                                                                          14 Aug 07
—‘ ‘





 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 14 August 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 CNRC memo 1133 Ser N5312/09072 of 23 Jul 07, 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 RECRUITING COMMAND
5722 INTEGRITY DR.
         M IL LINGTON TENNESSEE 38054-5057 

                                                      IN Reply REFER TO
                                    1133
                                                                                           5cr N5312/990 72
                                                                                          23JUL07




MEM ORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISIRY OPINION ICO

1.       Petitioner has applied to the Board for Correction of Naval Records seeking to have her Navy record be changed to show that she enlisted with a Loan Repayment Program (LRP) guarantee based on an agreement made by a Navy - representative during the recruiting process. This memorandum provides a recommendation for the Board regarding the Petitioner’s application.
2.       It is our opinion that the records in this case do not sufficiently corroborate the Petitioners claim that the LRP guarantee was offered prior to accession. Contrary to the statement in the supporting documents recruiting policy requires districts to maintain a residual file for two years after the recruit ships to Recruit Training. The Annex A to DD Form 4 that signed did not include the LRP option. Accordingly, we recommend that the Board deny consideration of the Petitioner’s request.
3.       POC at CNRC is Mr. ~ work number is 901-874-9322, Our mailing address is Commander, Navy Recruiting Command (N5312) , 5722 Integrity Drive (BLDG 784), Millington, TN 38054.

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