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NAVY | BCNR | CY2008 | 09699-08
Original file (09699-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF.NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC

Docket No. 9699-08
9 June 2009

 

 

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

8 June 2009. 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 911/114 dtd 26 Feb
09, 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.

Tt 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,

\p
tae
Executive Directo

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND _

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000... © eee

1160
Ser 811/114
26 Feb 09

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31¢C

Subj: BCNR PETITION Ico,

 

Ref: f(a) SNM's DD Form 149 dtd 18 Sep 08
{b) OPNAVINST 1160.8A
(c} NAVADMIN 240/08

Encl: (13 BCNR File

1. Per references {a} through (c), recommend disapproval to the
petitioner’s request.

2. The petitioner is requesting his 1 Aug 08 reenlistment be adjusted
to 17 Oct 08 for him to be paid SRB at the 4.0 award level for 69
months.

3. The petitioner is not eligible for the 4.0 award level as he does
not hold the 14xM or 14NM NECs. There was no incorrect counseling nor
did an error occur in having the petitioner reenlist prior to his
transfer to meet the required obliserve for BUPERS order 1968.

4. In view of the above, recommend the petitioner's record remains as
is.

5. This is an advisory memorandum to reference {a) for use by the Board
for Correction of Naval Records (BCNR} only. Enclosure (1) is returned.

Cz NA

Cc TILLMAN
Division Director
Enlisted Career Progression

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