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NAVY | BCNR | CY2007 | 02967-07
Original file (02967-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 2967-07
11 July 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 10 July 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 811/289 dtd 1 Jun 2007, 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.




                                                               W. DEAN PFIEFFER
                                                               Executive Director




Enclosure



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


 1160
 Ser 811/289
01 Jun 2007
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-31C
Subj:    BCNR PETITION ICO
Ref:     (a) SNM’S DD Form 149 dtd 17 Nov 06
 (b)      COMNAVPERSCOM MILLINGTON TN//PERs815// 02094lz JUN 05
(c)      NAVADMIN 070/05
(d)      OPNAVINST llEO.8A
End:     (1) BCNR File
1.       In response to reference (a), recommend disapproval to the petitioner’s request.

2.       Reference is an authorization for two-year conditional reenlistment via the OBLISERVE TO TRAIN (OTT). The petitioner reenlisted for two years on 22 July 2005 to accept transfer to NEC 8425 advance training. Reference (c) provided a zone “C” SRB award level for the HM(8425) rate/NEC at the time of reenlistment. The member was not eligible to sign an OTT extension because training completion date exceeded his 48 month limit per enlistment.

 3.       The petitioner reenlisted for four years on 17 November 2006 after completion of NEC 8425 training. The petitioner received 29 months total SRB payment. The member requests the full 48 months SRB based on the OTT reenlistment authorization. I AW reference (c), the member must agree to OTT for the SRB skill and then reenlist after the new skill is earned. SRB may be paid for that specialty at the award level in effect at the time of the agreement or at the award level in effect at reenlistment, whichever is higher. The time remaining on an OTT reenlistment contract will be deducted from SRB computation. The OTT guaranteed the award level only.
4.       The release of reference (d) in January 2007 authorized any remaining time will not be counted against the member’s SRB computation. However, a member cannot use reference (d) to backdate this authorization.

5.       In view of the above recommend the petitioner’s record remain unchanged.

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.


ETC(SW/Aw) USN
Reenlistment Incentives Branch





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