Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 07991-09
Original file (07991-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN

Docket No: 07991-09
4. November 2009

 

This is in reference to your application for correction of your —

“naval record pursuant to the provisions of Title 10.of the United

States Code, section 1552.

“A three-member panel of the Board for Correction of. Naval

Records, sitting in executive session, considered your
application on 3 November 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.

After careful and conscientious consideration of the entire

_ record, the Board found the evidence submitted was insufficient

to establish the existence of probable material error or
injustice.

You enlisted in the Navy and bégan a period of active duty on

1 August 1980. Based on the information currently contained in
your record, on 30 June 1980, you signed an agreement to extend
your initial four-year enlistment for 24 months in order to be
guaranteed an assignment into a nuclear field program. On

29 July 1981, you accepted an accelerated advancement to petty
officer third class, and were informed that 12 months of the
agreement could not be: cancelled whether or not you completed the
program.

You served for over three years until 6 March 1985, when you
signed an administrative remarks (NAVPERS 1070/613) entry stating
that you would agree to reenlist or extend your enlistment when
eligible for a period which equaled or exceeded the obligated
service required to complete an 18 month tour. Further, you were
advised and counseled that your refusal would result in the
assignment of an RE-4 reenlistment code. On 31 March 1986, you
signed another NAVPERS 1070/613 entry acknowledging that you had
been informed that you were not eligible for reenlistment due to

 

your failure to obligate for further service. You were honorably

 

discharged the same day and assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the reason you were not permitted to
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code. In
this regard, an RE-4 reenlistment code is required when an
individual is separated at the expiration of his term of active
obligated service and is not recommended for retention.
Additionally, under the circumstances of your case, the code is
required since you refused to obligate for further service.
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,

Similar Decisions

  • NAVY | BCNR | CY1999 | 03945-98

    Original file (03945-98.pdf) Auto-classification: Denied

    I do not have a (SSAN) and I have never had a (SSAN). On 5 March 1997 you submitted a request through the chain of command to extend your enlistment in accordance with the agreement.of 6 December 1996. later.- Officer-in-Charge (OIC) of the servicing personnel support detachment (PSD) which reads, in part, as follows: that the SSAN will be printed at but further states that However, on 12 March 1997 you submitted a letter to the That request was approved one day B90102d of Section A,...

  • NAVY | BCNR | CY2009 | 09577-09

    Original file (09577-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 2009. You reenlisted in the Navy on 1 November 1995 after three years of prior honorable service. 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.

  • NAVY | BCNR | CY2009 | 02131-09

    Original file (02131-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference {a} Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to a zone “B” Broken Service Selective Reenlistment Bonus (SRB), and a zone *C” Selective Reenlistment Bonus (SRB). The Petitioner reenlisted on 21 November 2005 for a term of 4 years. The Petitioner executed a 24 month agreement to extend enlistment (NAVPERS 1070/621),...

  • NAVY | BCNR | CY2009 | 07496-09

    Original file (07496-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 DIC Docket No. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure {1} with this Board requesting, in effect, that the applicable naval record be corrected. The Petitioner executed a 12 month agreement to extend enlistment, (NAVPERS 1070/621) operative on or about 2¢ August 2008. c. The Petitioner executed a 23 month agreement to...

  • NAVY | BCNR | CY2009 | 03377-09

    Original file (03377-09.pdf) Auto-classification: Denied

    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. You were honorably discharged from active duty and at that time you were assigned an RE-4 ' reenlistment code. 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.

  • NAVY | DRB | 2010_Navy | ND1001029

    Original file (ND1001029.rtf) Auto-classification: Denied

    ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2...

  • NAVY | BCNR | CY2009 | 00805-09

    Original file (00805-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 DIC Docket No. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to reestablish entitlement to a zone “B” and “C” Selective Reenlistment Bonus (SRB). The Board, consisting of Mr. George, Mr. Pfeiffer, and Mr. Exnicios, reviewed Petitioner's...

  • NAVY | BCNR | CY2011 | 05487-11

    Original file (05487-11.pdf) Auto-classification: Approved

    5487-11 16 Aug 11 From: Chaixman, Board for Correction of Naval Records To: Secretary of the Navy Subj}: REVIEW OF NAVAL RECORD Ico = Ref: {a) Title 10 U.S.C. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to a zone “C” Selective Reenlistment Bonus (SRB). The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr....

  • NAVY | BCNR | CY2010 | 05137-10

    Original file (05137-10.pdf) Auto-classification: Approved

    5137-10 19 Jan 11 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj]: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to a zone “A” Selective Reenlistment Bonus (SRB). The 3 year reenlistment executed on or about 10 February 2006 is...

  • NAVY | BCNR | CY2009 | 10545-09

    Original file (10545-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. On 29 April 1991, you were honorably discharged from active duty while serving in pay grade E-6 and were not recommended for reenlistment due to your refusal to obligate for the orders you received. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...