DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 12202-08
27 Jul og
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 27 July
2009. Your allegations of error and injustice were reviewed in
accordance with administrative requlations 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 1430 Ser 811/181 of 6 Apr
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. You
requested reinstatement of “my former rate/rank, Master at Arms Petty
Officer Second Class.” Although you were frocked to MA2Z on 23 January
2008 you were discharged prior to advancement to that paygrade.
Therefore, as correctly indicated on your DD Form 214, the highest
paygrade held at time of discharge was MA3. Prior to reenlisting in
the Navy under the PRISE III program you were informed, by the CTI
Enlisted Community Manager (ECM), that you would be required to
reenlist in paygrade E-3 and that you would be offered a guarantee to
the Cryptologic Technician-Interpretive class “A” school (the school
of your choice). You accepted this offer, and on 15 April 2008 you
were enlisted in paygrade E-3 and are currently attending CTI “A”
school. 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.
Docket No. 12202-08
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 also 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 PFELHFE
Executive Directo
Enclosure
Lb _-PARTMENT OF THE NAV, |
NAVY PERSONNEL COMMAND
$720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
14390
Ser 811/181
6 Apr 09
MEMORANDUM FOR CHATRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31C
Subj: BCNR PETITION Ico 4 gs
Ref: (a) SNM‘s DD Form 149 dtd 8 Dec 08
Enel: (1) BCNR File
1. In response to reference (a), recommend disapproval to the
petitioner's request.
2. The petitioner is requesting reinstatement cof his former rank of
MA2/E5.
3. The petitioner was discharged on 31 Mar 2008 as an MA3/E4 prior to
his projected 16 Jun advancement to MA2/E5. The petitioner agreed to
and was guaranteed CTISN/E3 on his reenlistment dated 15 Apr 2008
which supersedes his previous rank and rating.
4. In view of the above, recommend the petitioner’s record remains as
is. Additionally CNRC should address the issue of his reenlistment
not meeting or exceeding his previous Military Service Obligation.
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.
Cc. £E
Division Director
Enlisted Career Progression
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