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NAVY | BCNR | CY2007 | 02951-07
Original file (02951-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 2951-07
26 Jun 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 26 June 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 letter 1070 PERS3l2D1/06, 23 May 2007, 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.

                          
                                                               W. DEAN PFEIFFER
 Executive Director



Enc1osure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                             MILLINGTON TN 38055-0000
                                             1070
                                                                                                    PERS-312D1/06
                                                                                                   MAY 2 3 2007



This is in response to your request dated March 19, 2007 to the Board for Correction of Naval Records (BCNR). In your request you asked that your DD Form 214 be corrected to include the time from June 12, 1981 to September 3, 1981 as active duty time. You have based this request on the fact that you maintained “continuous service” when you reenlisted on September 4, 1981 within 90 days of your separation date from active duty on June 11, 1981.
The Department of the Navy defines “continuous service” as service in the Regular Navy or Naval Reserve that is continued by reenlistment within 3 months following discharge or released from active duty. A member who is reenlisted on the same day of the month 3 calendar months from date of discharge or release from active duty is reenlisted “within 3 months”. For example, a member discharged or released from active duty on December 7 may be reenlisted on any day up to and including March 7 and retain continuous service.
When a member reenlist within 3 months of a discharge or released from active duty they maintain eligibility entitlements for continuous benefits such as enlistment bonuses, rate retention, and for advancement purposes. However, this continuous service applies only to reenlistment benefits and does not allow continuation of being on active duty. You can only be given credit for active duty from the day you report to until your last day of active duty. Your DD Form 214 is correct. No further action is required by the BCNR.
Sincerely,

Human Resources Specialist
Records Support Branch
By direction

 Copyto:
 Board for Correction of Naval Records
Navy Personnel Command (Pers-3 1 C)

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