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NAVY | BCNR | CY2009 | 05564-09
Original file (05564-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

- DIC
Docket No. 5564-09
1 September 2009

 

Dear WR

 

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 1430 Ser 811/421
dtd 29 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.

Tt 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. .

incerely, ‘

\b
W. DEAN P BI
Executive Dix ,

Enclosure
}

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1430
Ser 811/421
29 Jun 09

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-31¢

 

Subj: BCNR PETITION ICOm™

Ref: (a) SNM's DD Form 149 dtd 4 May 09
(b) MILPERSMAN 1160-120

Encl: (1) BCNR Pile

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

2. The petitioner is requesting to correct his 6 year reenlistment
contract, NAVPERS 1070/601 dated 17 Nov 2005 to reflect 72 RADO months
vice 60.

3, The petitioner was not eligible to reenlist for 6 years as that
exceeded E6 HYT of reference (b).

4. In view of the above, recommend change the reenlistment contract
term to 5 years and the RADO to remain 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.

     

Cc. E. AIME
Division Director
Fnlisted Career Progression

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