DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No, 1787-09
16 June 2009
Dear eee
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 811/299
dtd 8 May 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,
eA, mR nnn
ForuW, DEAN PFEIFFER
Executive Director
Bnclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-00006
1160
Ser 811/299
8 May 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31¢C
Subj: BCNR PETITION ICO,@gi
Ref: fa} SNM'S DD Form 149 dtd 18 Feb 09
(6b) OPNAVINST 1160.8A
Enel: (2) BCNR File
1. Per references (a) and (b), recommend disapproval to the
petitioner's request.
2. The petitioner is requesting to expunge his 27 month agreement to
extend enlistment and backdate a reenlistment to 10 Mar 2009 for SRB.
3. The petitioner PCS transferred on 5 Dec 2008 and signed the
required page 13 acknowledging that he did not meet the required
OBLISERVE to continue to receive CONSUBPAY. The petitioner could have
reenlisted, received his SRB and maintained his CONSUBPAY at that
time. .
4, In view of the above, recommend the petitioner’s record remains as
is.
5. Phis is an advisory memorandum to reference (a) for use by the
Board for Correction of Naval Records (BCNR) only. Enclosure (1) is
returned.
CLAN
Cc. E. AIMESTILLMAN'
Division Director
Enlisted Career Progression
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