DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 10924-09
3 March 2010
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 2 March 2010. 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 Reserve on 25 July 1996 after four years
of honorable service with the Air Force. Based on the
information currently contained in your record you enlisted for a
period of three years, in the permanent rate of seaman (SN/E-3),
and temporarily advanced to the rate of second class master-at-
arms (MA2/E-5). On 25 July 1996, you signed an administrative
remarks page (NAVPERS 1070/613) that stated that you had to fully
qualify for the rate in which you had been temporarily advanced
by completing certain requirements within 36 months in order for
the rate to become permanent, and that failure to complete the
requirements, would result in you being reverted back to your
permanent rate of SN, and terminated from drill pay status. On
22 May 1997, by your own request, you were transferred to the
inactive ready reserve (IRR). On 24 July 1999, you were
discharged in the rate of SN.
The Board, in its review of your application, carefully weighed |
all potentially mitigating factors, such as your prior honorable
service with the Air Force, brief period of service with the Navy
Reserve, and civilian assignment with the police department that
led to your request to be transferred to the IRR due to, not
being able to comply with naval regulations. Nevertheless, the
Board concluded these factors were not sufficient to warrant
changing your permanent rate of SN. With this regard, the Board
noted that you did not complete the requirements for the rate
that you were temporarily advanced (E-5), you requested to
terminate your affiliation with the Navy Reserve and be
transferred to the IRR, and that you were properly reverted to
your permanent rate of SN prior to your discharge. 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,
ud
W. DEAN P
Executive
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