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NAVY | BCNR | CY2007 | 06787-07
Original file (06787-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 6787-07
 11 December 2007
         
         Dear

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 December 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 811/547 dtd 28 Nov 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.
Sin cerely,


         W. DEAN PFEIFFER
Executive D irector
Enclosure





DEPARTMENT OF THE NAVY
NAVY PERSONNEL MAN
5720 INREGINITY DNIVE
                                                      MILLINGTON TN
        
                                             1160
          Ser 811/ 547
 28 Nov 2007
M~IORA1WUM FOR CNAIRN~N, BOARD FOR CORRECTI(~ OF NAVAL RBCORZ)
 Via:     PERS-31C
Subj:    BCNR PETITION .
Ref (a) S5 (’S DD Form 149 dtd 12 Jul 07
 (b) O(AVINST 1160.~A
 (c)      PS—811 advisory M~) ltr 1160 S~ 811/447 DTD 14 Sep 07
 & En cl: (1) B CN R File
1.       In response to reference (a), rec og nized d i s a pproval to the petitioner’s request.
2.       The petitioner reenlisted for six years on 02 October 2000 and received a zone ‘B” SRB incentive. This reenlistment established an EAOS of 01 October 2006. The member r.quests three-year prior to receive a SRB. incentive prior to passing through the zone • ‘C” window.
3.       The petitioner’s ADSD is 14 January 1991. The petitioner passed through zone ‘C” window on 13 January 2005. “Reference (b) authorized early SRE reenlistment for members within one year of EP~OS upon passing through zone. To meet the zone ‘C” criteria a m m er must have co mp leted 10 years but not more than 14 years of total active service on date of reenlistment. The reenlistment or extension plus the prior active service must equal at least 14 year. total active service. Reference Cc) listed a zone ‘C’ SRB award level for NEC 8494 at time member passed zone.
4.       The petitioner’s six year reenlistment of 02 October 2000 exceeds the zone ‘C” SRB window.
5.       In view of the above recommend no change to the member current reenlistment contract for SRB per reference (b), PARA 12 (3) c. Recommended disregard reference Cc).
6.       This is an advisory m emoran dum 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 Branc h

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