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NAVY | BCNR | CY2007 | 10796-07
Original file (10796-07.rtf) Auto-classification: Denied
                                    DEPARTMENT OFTHE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
 WASHINGTON DC 20370-5100



 DJC
Docket No. 10796-07
28 May 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 27 May 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 811/335 dtd 28 Apr 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.

                                                                                 Si ncerely,

W.DEAN PFEIFFER
 Executive Director
Enclosure
                  


                           DEPARTMENT OF THE NAVY
                  NAVY PERSONNEL COMMAND
                   5720 INTEGRITYDRIVE
          MILLINGTONTN38O55-0000   

                  1160
          Ser 811/335
          28 Apr 08
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via:     PERS-3lC
Subj:    BCNR PETITION ICO.J
          Ref:     (a)      SNNs DD Form 149 dtd 23 Nov 07
                  (b)      OPNAVINST 1l60.6A
                  (c)      NAVADMIN 174/01
                  (d)      MILPERSMAN 1160-120
                  (e)      MILPERSMAN 133-060
                  (f)      OPNAVINST 1160.8A
End:     (1) BCNR File
1.       In re sponse to reference (a), a recomm end disapproval to the petitioner’s request.
2.       The petitioner is requesting to change the enlistment contract, DD form 4/1 dated 28 September 2001 term to 2 years and affect a zone “A” SRB reenlistment in September 2003.
3.       The member was a NAVET that reenlisted under the PRISE III program of reference (e) . The enlistment contract, DID form 4/1 reflects four years and Annex A reflects the required 2 year enlistment and a 24 or 36 month required additional extension to be signed upon completion of “A” School.
4.       The request for a reenlistment in 2003 would have been disapproved due to member’s E—4 HYT in accordance with reference (c).
5.       Additionally, since member was reduced in rank from E-5 to E-4 on 02 September 2007 and from E-4 to E-3 on 25 March 2008, he was ineligible to continue to receive SRB. DFAS-CL has been notified to prorate recoup the member’s zone “B” SRB payment in accordance with reference (f)
6.       In view of the above, reco mm end the service members record remains 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.


Division Director Enlisted Career Progression




































2

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