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NAVY | BCNR | CY2009 | 05158-09
Original file (05158-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
_ BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 5158-09
1 September 2009

 

Dear

 

This ig in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552. 7

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 811/402
dtd 26 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 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, 3

 

Enclosure

oo Eee
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1160
Ser 811/402
26 Jun 09

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-31¢C

a

Subj: BCNR PETITION Ico ie

En a a

 

Ref: (a) SNM's DD Form 149 dtd 29 Apr 09
{b) OPNAVINST 1160.8A
. (c) NAVADMIN 006/09
Encl: {1) BCNR File

1. Per references (a) through (c}, recommend disapproval to the

‘petitioner’s request.

2. The petitioner is requesting his reenlistment to be adjusted to 9
Mar 2009 and be paid SRB.

3. The petitioner was not eligible to reenlist on 9 Mar 2009 as his
EAOS was 29 Jun 2009 and he did not meet the waiver criteria of being
entitled to CZTE. Additionally the Enlisted Master File (EMF) does
not indicate the petitioner has reenlisted.

4. In view of the above, recommend the petitioner’s record remains as
is. If the petitioner has reenlisted, recommend expunge the
reenlistment contract.

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,

MN

at r
: ml
Cc. E. AIMESTILLMAN

Division Director
. Enlisted Career Progression

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