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NAVY | BCNR | CY2007 | 08932-07
Original file (08932-07.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                                               2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100


DJC
 Docket No. 8932-07
29 January 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 28 January 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 811/010 dtd 8 Dec 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.
Sincerely,


W. DEAN PFEIFFER
 Executive Director


Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                             MIL LI NGTON TN 38055-0000

                                             1160
                                                                                                             Ser 811/010
                                                                                                            08 Dec 08
MEMO RANDUM FOR CHA PLIN , BOARD FOR CORRECTION OF NAVAL RECORD
Via:     PERS-31C
Subj:    BCNR PETITION ~

         Ref:     (a)      SNM’S DD Form 149 dtd 02 Oct 07
                  (b)      NAVADMIN 330/06
En cl :    (1) BCNR File
I, In response to reference recommend disapproval to the petitioner’s request.
2.       The petitioner reenlisted for four years on 07 May 2007. The petitioner’s EAOS at the time of reenlistment was 02 May 2008. The petitioner received the zone “B” SRB award level maximum of $60K for
 NEC 5335.
3.       Reference (b) released on 18 May 2008 increased the zone “B” SRB to a maximum payment of $75K. The petitioner requests. to change the reenlistment date from 07 May 2007 to 18 May 2007 and receive the SRB offered in reference (b)
4.       NAVY PERSONNEL COMMAND/OPNAV cannot provide information pertaining to subsequent SRB NAVADMIN’s until the NAVADMIN has been released. Therefore the petitioner could not have been counseled concerning reference (b) prior to the reenlistment. Petitioner’s hindsight is not sufficient grounds to change the reenlistment date as no error or injustice was committed.
5.       In view of the above recommend the petitioner’s record remain as
          is.
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.

LT USN
Division Director
Enlisted Career Progression
By direction

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