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NAVY | BCNR | CY2009 | 00135-09
Original file (00135-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

DUC

Docket No. 135-09
16 June 2009

 

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

15 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
applicabie statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by NPC Memo 1160 Ser 811/104
dtd 24 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.

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,
Fo . DEAN EBLIFPFER
Executive Director

Enciosure
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
~8720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1160
' Ser 811/104
24 Feb 09

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-31¢

 

Subj: BCNR PETITION ICO

Ref: (a) SNM'S DD Form 149 dtd 2 Jan 09
(b) OPNAVINST 1160.8A
(c) NAVADMIN 251/07

Encl: (1) BCNR File

Ll. Per references (a) through (¢), recommend disapproval to the
petitioner’s request.

2. The petitioner is requesting to change his reenlistment contract
to receive a higher SRB award level.

3. The petitioner was eligible and had the opportunity to reenlist
prior to his PCS transfer on 8 Sep 2008. He opted to wait for an
opportunity to receive his SRB tax free. In the meantime, reference
{c) was released and removed his eligibility for SRB.

4. In view of the above, recommend 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.

ze Ei WO
c. E. AIMESTILLMAN
Division Director

Enlisted Career Progression

ark
en

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