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NAVY | BCNR | CY2006 | 08740-06
Original file (08740-06.rtf) Auto-classification: Denied
         DEPARTMENTOFTHE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100


DJC
 Docket No. 8740-06
          4 January 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 3 January 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 NPC memo 1160 Ser 4811/669 of 28 Nov 06, 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,

ROBERT D ZSA LMAN
 Acting Executive Director
Enclosure






DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1160
Ser 4811/669
28 Nov 2006
MEMORANDIJM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-31C
Ref:     (a) SNM’S DD Form 149 dtd 12 Sep 06
 (b)      NAVADMIN 260/04
 (c)      NAVADMIN 020/05
End:     (1) BCNR File
1. In response to reference (a), recommend disapproval to the petitioner’s request.
2. The petitioner reenlisted for three years on 21 January 2005 to continue active service. The petitioner’s EAOS at the time was 15 May 2005. Reference (b) did not provide an SRB award level for the EN
 rate at the time of the member’s reenlistment.
3. Reference (c) released on 01 February 2005 provided a zone “A” SRB award level for the EN rate. The member requests SRB payment for current reenlistment based on reference (c).
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.

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