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NAVY | BCNR | CY2007 | 03248-07
Original file (03248-07.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
Docket No. 3248-07
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 811/285 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.








Sincerely,





Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055.0000
                                     1160
                                                                                                    Ser 811/285
                                                                                                   01 Jun 2007

 MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-31C
Subj:    BCNR PETITION

Ref:     (a) SNN’S DD Form 149 dtd 27 Mar 07
 (b) COMNAVPERSCOM MILLINGTON TN//PER581S// 190355z FEB 04
(c) OPNAVINST 1160.6A
End:     (1) BCNR File
1.       In response to reference (a), recommend disapproval to the petitioner’s request.
2.       The petitioner reenlisted for four years on 26 March 2004 to meet PCS transfer O bliserve requirement. Reference (b) authorized the petitioner to receive a zone “B” SRB incentive. The petitioner reenlisted for three years on 27 March 2007 to meet OBLISERVE for BUPERS order 0647. The member requests to backdate current reenlistment contract to 03 February 2007 to receive SRB prior to passing through the zone “B” window.
3.       The petitioner states that the SRB payment was not issued based on the 26 March 2004 reenlistment. DFAS Cleveland pay records indicate the member received zone “B” SRB as authorized in reference (b) . The member cannot seek payment for an additional zone “B” SRB incentive. Per reference (c), a sailor may receive only one zone “A”, one zone “B”, and on zone “C” bonus during a career.
4.       In view of the above recommend the petitioner’s record remain unchanged. Additionally, recommend the petitioner contact DFAS Cleveland to verify SRB payments.
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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