i
‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5190
DIC
Docket No. 6120-09
1 September 2009
d
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 811/464
dtd 10 Jul 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.
o
Sincerely,
Executive
Enclosure
4
VEPARTMENT OF THE NAVY
, NAVY PERSONNEL COMMAND -
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1160 :
Ser 811/464
10 Jul 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31C
Subj: BCNR PETITION co?
Ref: (a) SNM'’s DD Form 149 dtd 9 Jun 09
(b) OPNAVINST 1160.8A
{c) NAVADMIN 006/09
{d) NAVADMIN 176/09
Enel: (1} BCNR File
1, Per references (a} through (qd), recommend disapproval to the
petitioner’s request.
2. The petitioner is requesting to cancel a 9 month agreement to
extend enlistment and back date a reenlistment to 1 Oct 2008 to
receive SRB.
3. In accordance with references (b} and (c), SRB reenlistment
requests must be submitted through the OPINS/FORMAN computer program
35-120 days prior to the requested reenlistment date and the
petitioner has never submitted a SRB request in OPINS. The petitioner
signed an agreement to extend enlistment to OBLISERVE for orders to
his current command in 2006,
4. Navy Personnel Command/OPNAV cannot provide information pertaining
to subsequent SRB NAVADMINs until the NAVADMIN has been released.
Therefore the petitioner could not have been counseled concerning
references (c) and (d). Petitioner’s hindsight is not sufficient
grounds to back date a reenlistment as no error or injustice was
committed. :
5. In view of the above, recommend the petitioner's record remains as
is.
6. This is an advisory memorandum to reference (a) for use by the Board
for Correction of Naval Records (BCNR) only. Enclosure (1) is returned.
Ez. Arist th =
Division Director
Bnlisted Career Progression
NAVY | BCNR | CY2009 | 05600-09
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. 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. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR) only.
NAVY | BCNR | CY2009 | 07251-09
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. Per references (a) through {c), recommend disapproval to the petitioner’s request. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR) only.
NAVY | BCNR | CY2009 | 04786-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2009. Per references {a} through (d), recommend disapproval to the - petitioner’s request. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR) only.
NAVY | BCNR | CY2009 | 06661-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 September 2009. 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. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR) only.
NAVY | BCNR | CY2009 | 01381-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL 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. DEAN ELFFER Executive Director Enclosure ‘ s : i DEPARTMENT OF THE NAVY NAVY PERSONNEL COMMAND pte at.
NAVY | BCNR | CY2009 | 01357-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL 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. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR} only.
NAVY | BCNR | CY2009 | 01356-09
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 15 June 2009. 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. This memorandum updates reference {d).
NAVY | BCNR | CY2009 | 05684-09
NAVADMIN 006/09 also reiterated the requirement that, “All SRB reenlistment requests are required to be submitted via OPINS 35-120 days prior to the requested reenlistment date.” See enclosure (3). n. On 8 April 2009, the OPINS request was approved for an award level of 0.5 by the Navy Personnel Command (NPC). 27 October 2009 Reviewed and approved.
NAVY | BCNR | CY2009 | 07133-09
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. 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. 5, This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR) only.
NAVY | BCNR | CY2009 | 05189-09
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. 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. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR) only.