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NAVY | BCNR | CY2009 | 04765-09
Original file (04765-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

DIC
Docket No. 4765-09
1 September 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

31 August 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 811/396
a@td 25 Jun 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 materiai evidence
or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of ,
vegularity 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,

W. DEAN PFEIEFRAR
Executive Dinestor

Enclosure
aaa

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1160

Ser 811/396
25 Jun 09

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-31¢C

 

Subj: BCNR PETITION 1co

 

Ref: (a) SNM's DD Form 149 dtd 28 Apr 09
(b} OPNAVINST 1160,8A

Fnel: (1) BCNR File

1. Per references (a) and (b), recommend disapproval to the
petitioner’s request.

2. The petitioner states she was requesting to reenlist for SRB in
Jan 2009 when it was noted that her record indicated she had a 48

month agreement to extend enlistment vice the 24 month agreement to
extend enlistment she signed on 3 Dec 2007. ,

3. The petitioner was not eligible to reenlist for SRB in Jan 2009 as
her EAOS of 2 Dec 2009 is in FY-10. The petitioner's record indicates
she reentered into active service on 3 Dec 2007 for 4 years and had a
24 month agreement to extend enlistment. BCNR letter docket 5302-08
of 22 July 2008 changed enlistment period to 2 years and the agreement
to extend enlistment period to 48 months.

4. In view of the above, recommend the 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.

Sa]
Cc. EF. AIMESTILLMAN
Division Director

Fnlisted Career Progression

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