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NAVY | BCNR | CY2009 | 05253-09
Original file (05253-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5160

 

DIC

Docket No. 5253-09
i September 2009

 

Dear

 

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 811/410
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.
Lo en
A

W. DEAN PFREIF
Executive Dire

Enclosure
DEPARTMENT OF THE NAVY
‘ NAVY PERSONNEL COMMAND

5720 ENTEGRITY DRIVE
MILLINGTON TN 38055-0000

1160

Ser 811/410
26 Jun 09

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-31C

 

Subj: BCNR PETITIon co fit?

Ref: (a) SNM's DD Form 149 dtd 6 May 09
(b) OPNAVINST 1160.8A
(c) NAVADMIN 050/09
{(d}) NAVADMIN 006/09

Enel: (1) BCNR File

i. Per references (a) through (d), recommend disapproval to the
petitioner's request.

2. The petitioner is requesting to receive SRB.

3. In accordance with reference (d}, to qualify for the CZTE 90 day
rule the petitioner's EAOS must be within the same FY as the
reenlistment. The petitioner did not qualify since his EAOS was in
FY-10 on 6 Oct 2009 and the reenlistment was in FY-09 on 10 Mar 2009.

4. In view of the above, recommend expunge the reenlistment contract,
NWAVPERS 1070/601 dated 10 Mar 2009,

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. ,

C2

Cc. E. AIMES
Division Director
Enlisted Career Progression

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