DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS. 2 wee.
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 1381-09
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
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by NPC Memo 1160 Ser 811/213
dtd 15 Apr 0S, 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,
yen BD,
Fou.W. DEAN ELFFER
Executive Director
Enclosure
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: i
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
pte at. SYROINTEGRITY DRIVE oor voi
MILLINGTON TN 38055-0000
1160
Ser 811/213
15 Apr 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31¢c
Subj: BCNR PETITION Ico Wr
Ref: (a) SNM's DD Form 149 dtd 16 Feb 09
{b) OPNAVINST 1160.6A
(c} NAVADMIN 195/06
Fnel: (1) BCNR File.
1. Per references (a) through (c), recommend disapproval to the
petitioner’s request.
2. The petitioner is requesting to change his 4 year reenlistment
contract, NAVPERS 1070/601 dated 9 Sep 2004 to a 6 year reenlistment
dated 9 Sep 2006 to receive $45,000.00 of SRB.
3. At the time of reenlistment, SRB for ETSW in zone “A” award level
was 0.0. Reference (c) released on 5 Jul 2006 increased the award
level to 4.0.
4. Navy Personnel Command/OPNAV cannot provide information pertaining
to subsequent SRB NAVADMINs until the NAVADMIN has been released.
Therefore the petitioner could not have been counseled concerning
reference (c) prior to the reenlistment. Petitioner’s hindsight is
not sufficient grounds to change the reenlistment date as no error or
injustice was committed. |
3. In view of the above, recommend the petitioner’s record remains as
is.
6. This is an advisory memorandum to reference (a) for use by the Board
for Correction of Naval Records (BCNR) only. Enclosure (1) is returned.
Division Director
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