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NAVY | BCNR | CY2007 | 00311-07
Original file (00311-07.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 20370-5100

 DJC
 Docket No. 311-07
14 March 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 13 March 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 4811/086 dtd 22 Feb 07, 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.



Si ncerely,







W.       DEAN PFEIFFER
Executive Dir ector

Enclosure


/
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000


 1160
Ser 4811/086
          22 FEB 2007

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-3lC
Subj:    BCNR PETITION ICO
Ref:     (a) SNM’S DD Form 149 dtd 10 Jan 07
 (b)      NAVADMIN 195/06
End:     (1) BCNR File
1.       In response to reference (a), recommend disapproval to the petitioner’s request.
2.       The petitioner reenlisted for five years on 10 May 2006 upon completion of NEC 8752 training. The petitioner’s EAOS at the time of reenlistment was 21 January 2007. Reference (c) released on 05 July
 2006 added a zone “A” SRB award level for NEC 8752. The petitioner zone “A” SRB entitlement for current reenlistment.
3.       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 (b) prior to the reenlistment. The petitioner’s hindsight is not sufficient grounds to receive SRB payment and/or change the reenlistment contract as no error or injustice was committed.
4.       In view of the above recommend the petitioner’s record remains the same.
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.



ETC(SW/AW) USN
 Reenlistment Incentives Branch

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