DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7696-07
31 July 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United -
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 July 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 an advisory
opinion furnished by the Navy Personnel Command, a copy of which
is enclosed.
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,
\SYoes
W. DEAN P F
Executive D r
~
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
7220
PERS-823
10 Mar 08
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (Pers~31C)
Subj: ADVISORY OPINION AND COMMENTS 1co .<éiiiiit
Ref:
(a) BCNR MEMORANDUM 5420 PERS-31C of 17 Jan 2008
1. Per reference (a), A review of CERN cequest and
service record and DFAS retired pay account was conducted...
OU is currently receiving retired for all his creditable
service. As far as the part
of the request concerning credit for
his minority enlistment, og tn
wis not entitled to receive
fact that he reenlisted nine
USC 10 6330 states that
in order to receive the full credit for this enlistment the
member may reenlist/terminate within three months before the end
of the term of enlistment to be counted as active service for
the full term. Therefore there is no corrective action for this
office to take.
2. My POC in this matter is Mr. ati: he may be reached at
(901) 874-3250. .
R. D. LEWIS
By direction
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2008. Your allegations of error and your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered an advisory opinion furnished by the Navy Personnel Command, a copy of which ls enclosed.
NAVY | BCNR | CY2009 | 01251-09
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 an advisory opinion furnished by the Navy Personnel Command, a copy of which is enclosed. 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.
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When you were informed of the command's intent to deny your reenlistment you appealed that denial to the Navy Personnel Command. 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. As denial of reenlistment requests are not considered administrative processing, the member would not have had the opportunity to elect an administrative board.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. PERS-4822 15 Apr 06 MEMORANDLTM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Via: Assistant for BCNR Matters, PERS-31C Reference (a) request comments and recommendations in subject’s case.
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