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NAVY | BCNR | CY2007 | 09130-07
Original file (09130-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
Docket No. 9130-07
5 February 2008





This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 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 811/043 dtd 14 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.

                                                                        Sincerely,



                                                                        W. DEAN PFEIFFER
                                                                        Executive Directo


 Enclosure
DEPARTMENT OF THE NAVY
          NAVY PERSONNEL COMMAND
         5720 INTEGRITY DRIVE
         MILLINGTON TN 38055-0000

1160
Ser 811/043
 14 Jan 08

MEMORANDIJT’4 FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via: PERS-31C
         
         Subj: BCNR PETITION ICO -       
        
         Ref:     (a)      S N M’ S D D Form 149 dtd 05 OCT 07
                  (b)      NAVADMIN

En cl :    (1) BCNR File


1. In response to reference for commercial disapproval to the petitioner’s request.
2.       The petitioner reenlisted for six years on 01 October 2007 to continue active duty.
3.       Reference (b) released on 02 Oct 2007 increased the zone “C” SRB award level to 5. The petitioner requests to change the reenlistment contract date to become eligible for the higher SRB.
4.       Navy Personnel Command/OPNAV cannot provide information pertaining to subsequent SRB NAVADMINs 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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