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NAVY | BCNR | CY2009 | 04209-09
Original file (04209-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ~

2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
Docket No. 4209-09
6 Jul 09

 

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 6 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 NPC memo 1160 Ser 811/320 of 14 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 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,

Lomita

W. DEAN PFPEIFRER
Executive Dir oO

Enclosure
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1160
Ser 811/320
14 May 09

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-3ic

 

Subj: BCNR PETITION 1Co.qghiiglliNGll

Ref: (a) SNM's DD Form 149 dtd 8 Apr 09
(b) OPNAVINST 1160.9
(c) GENADMIN 1914322 JUN 0?

 

Encl: (1) BCNR File

1. Per references (a) through {c}, recommend disapproval to the
petitioner’s request.

2. The petitioner is requesting to expunge her 12 month agreement to
extend enlistment Gated 26 Jan 2009 since her enlisted guarantee,
NAVCRUIT 133/52, did not require an extension.

3. References (b) and (c) require a 12 month extension to be eligible
to receive the Enlisted Bonus for College Credit (EBCC) which the
petitioner was guaranteed and received.

4. In view of the above, recommend correction to the petitioner's
NAVCRUIT 1133/52, and enlistment bonus statement of understanding,
NAVCRUIT 1133/102, to reflect the required 12 month agreement to
extend enlistment.

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.

CSA

Cc. E. AIMESTILLMAN
Division Director

Enlisted Carger Progression
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