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NAVY | BCNR | CY2009 | 05269-09
Original file (05269-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC

Docket No.. 5269-09
6 October 2009

 

 

Dear i a aia

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 séssion, considered your application on

5 October 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 811/409
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. NAVADMIN 050/09 of 10 February
2009 announced new award levels that became effective 11 March 2009.

To qualify for an SRB, your command was required to submit a request
via OPINS 35-120 days in advance of the reenlistment date. Your
medical screening was not completed until i1 February 2009 and your
command did not submit a pre-certification until 23 February 2009.
Your SRB request was denied on 7 April 2009 and you reenlisted on 30
April 2009. However,. even if you pre-certification had been submitted
as soon as your medical screening was completed, it could not have
been submitted in time (35 days) to reenlist before 11 March 2009.
Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
Docket No. 5269-09

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
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,

Loa.

W. DEAN PFHIRF
Executive Dikec

Enclosure

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