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NAVY | BCNR | CY2007 | 07313-07
Original file (07313-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



DJC
Docket No. 7313-07
12 February 2008




         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 11 February 2008. 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 811/078 dtd 22 Jan 08, 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 PFEIFFER
Executive Dir ector



Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055~00OO


                           1160
                                                                                          Ser 811/078
                                                                                         
22 Jan 08

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via:     PERS-3lC

Subj:    BCNR PETITION ICO

Ref:     (a) SNMS UD Form 149 dtd 31 Jul 07
(b)      OPNAVIN5T l160.6A
(c)      NAVADMIN 070/05

End:     (1) BCNR File

1.       In response to reference (a), recommend disapproval to the petitioner’s request.

2.       The petitioner is requesting to affect a reenlistment contract, NAVPERS 1070/601, upon graduation date of 26 July 2005 for three years.

3.       A three year reenlistment on 26 July 2005 would have exceeded E-4 HYT of 8 years. Member’s HYT date is 28 June 2008.

4.       In view of above, recommend member’s record remain as is.

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.




LT USN
Division Director
Enlisted Career Progression
By Direction

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