DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 264-09
14 July 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
13 July 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 HOMC Memo 1040 MMEA dtd
4 Jun 09, a copy of which is attached. .
Your application alleges, essentially, that your command erred by
failing to submit your "Reenlistment, Extension, Lateral Move Request"
(RELM) before 19 September 2008. That failure, you aver, caused you
to miss an opportunity to reenlist for a bonus. The Board notes that
you had Achilles tendon surgery on 12 August 2008. The governing
instructions prohibit reenlistments during periods of light or limited
duty. Your application does not reveal when you were returned to full |
duty after your surgery however it shows that you were convalescing at
least until approximately 23 September 2008 (four days after you
contend the command should have submitted your RELM). Under these
circumstances, the Board finds that you have not submitted sufficient
evidence of an error or injustice that would warrant relief. It
appears you were not physically qualified to reenlist on the date you
claim the command failed you by not submitting the RELM. Accordingly,
your application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Docket No. 264-09
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, #
Lat
W. DEAN PF
Executive Di
Enclosure
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