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NAVY | BCNR | CY2007 | 10181-07
Original file (10181-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 DJC
 Docket No. 10181-07
25 March 2008

         Dear


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 24 March 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 811/093 dtd 23 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 Director
Enclosure


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

                                    1160
                                                                                                    Ser 811/093
                                                                                                   23 Jan 08

M EMORAND MU N FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-31C
Subj:    BCNR PETITION ICO
Ref:     (a) SNN’S DD Form 149 dtd 29 Oct 07
 (b)      OPNAVINST 1160.8A
(c)      MPM 1160-100
(d)      R31014lz JAN 07
End:     (1) BCNR File
1.       In response to reference recommend disapproval to the petitioner’s request.
2.       The petitioner is requesting to receive SRB and STAR program advancement to E5.
3.       Reference (d) approved member to reenlist in the STAR program for advancement to E5 upon completion of F]N/8752 NEC awarding school.
4.       The member reenlisted on 23 April 2007 and graduated school on 25
 September 2007. Reference (c) requires a member be a first term
sailor with less than six years of active service for advancement
under the STAR program* The member’s six years of active service was
23 July 2007.
5.       Member chose to reenlist for the STAR program benefits. If member had waited to reenlist upon graduation date, member would not have been eligible for advancement to E5 under the STAR program and would have required a HYT waiver to reenlist for SRB.
6.       In view of above, recommend member’s record remain as is.
7.       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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