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NAVY | BCNR | CY2006 | 09553-06
Original file (09553-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
-        WASHINGTON DC 20370-5100



DJC
Docket No. 9553-06
24 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 23 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 4811/730 dtd 18 Dec 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. ZSALMAN
Acting Executive Director
Enclosure







DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                             MILLINGTON TN 38055~000O
         -       

                                                      1160 -
                 
                  Ser 4811/730
        18 Dec 2006

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:     PERS-31C

        
Subj

Ref:     (a) SNM’S DD Form 149 dtd 26 Oct 06
                  (b) OPNAVINST 1160.6A

End:     (1) BCNR File

1.       In response to reference (a), recommend no change the petitioner’s request.

2.       The member reenlisted for six years on 20 October 2006 and received 14 months zone “C” SRB payment. The petitioner’s EAOS at the time of r eenlistment was 29 September 2007. The member requests 16 months total SRB payment for zone “C” entitlement.

3.       Reference (b) zone “C” SRB computation is based on OBLISERV remaining on the current enlistment for which SRB cannot be paid, a fraction of a month will be rounded up to the next whole month. For example: the member’s time remaining prior to reenlistment was 11 months and nine days, the period for which SRB is paid will be deducted by 12 months. Additionally, OBLISERVE beyond 16 years total military service may not be used to compute SRB. The petitioner received the correct total SRB payment.

4.       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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