DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 08074-09
24 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1430 Ser 811/628 of 23 Sept 09
(3) MILPERSMAN 1510-030 dtd 13 Sept 06
(4) Naval Recruiting Station Lancaster memo undated
(5) DD Form 4187 (Personnel Action) dtd 26 Sept 04
(6) NAVPERS 1070/613 dtd 1 Nov 08
(7) Service Record
1. 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 show Petitioner was given Time In Rate (TIR) credit as an E-4 while
in the Army towards service in the Navy as an E-4,
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George,
reviewed Petitioner's allegations of error and injustice on
9 November 2009 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record, Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes,
regulations and policies. The Board also considered an advisory
opinion furnished by the Bureau of Naval Personnel attached as
enclosure (2) that recommended no relief be granted.
3. The Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. Petitioner enlisted into the U.S. Army on 26 March 2003 and
was honorably discharged on 7 March 2008. He served 3 years, 5 months
and 12 days as an E-4, enclosure {1).
Docket No. 08074-09
c. On 28 April 2008, Petitioner enlisted in the U.S. Navy. His
enlistment contract awarded him a rank of E-3 and a guaranteed
subsequent advancement to E-4 upon completion of the Advanced
Technical Field (ATF) “A” School’. See enclosures (1), (3), and (6).
ad. Petitioner claims that his Navy recruiter promised him a TIR
credit as an E-4 for his service in the Army, (although this guarantee
was not included in his enlistment contract). In support of his
claim, Petitioner submitted a letter from the Naval Recruiting Station
Lancaster, Pennsylvania from the recruiter in charge that ‘NAVY | BCNR | CY1999 | 08074-09
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