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

DJC
Docket No. 3669-06
24 January 2007

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 23 January 2007. 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 4811/743 dtd 21 Dec 06, 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.

Sincerely,

ROBERT D. ZSALMAN
Acting Executive Director
Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
					          MILLINGTON TN 38055-0000
	-	
		1160
	                                       Ser 4811/743
		21 Dec 2006

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:	PERS-31C

    Subj: 

Ref:	(a) SNMS DD Form 149 dtd 30 Mar 06
(b)	NAVADMIN 070/05
(c)	MILPERSMAN 1306-106
(d)	NILPERSMAN 1160-100

Encl:	(1) BCNR File

1.	In response to reference (a), recommend no change to the petitioner’s request.

2.	The petitioner received BUPERS order 0275 to attend NEC 8708 training. The petitioner reenlisted for five years on 25 March 2005 via the STAR program. Reference (b) listed a SRB award level for NEC 8708 at the time the member reenlistment. The petitioner requests to change the reenlistment contract to reflect OTT option for SRB entitlement upon completion of training.

3.	Reference (b) and (c) authorize OBLISERVE to TRAIN (OTT) extension option for members who attend a SRB eligible training skill. Members are required to agree to OTT for the SRB rate/NEC and then reenlist after the skill is attained. Reference (d) authorizes auto advancement upon graduation from “C” school or “C” school that is listed on CSL at time of reenlistment.

4.	The petitioner was not eligible to extend through the completion of NEC 8708 training. The petitioner had 31 months total extension on previous enlistment. Members are eligible to extend up to 48 months on each enlistment. The advance training for NEC 8708 completion will exceed the petitioner’s 48 months extension limit. Reference (d) authorizes STAR advancement to first-term personnel only.

5.	This is an advisory memorandum to reference (a) for the use by the Board for correction of Naval Records (BCNR) only. Enclosure (1) is returned.

ETC(SW/AW) USN
Reenlistment Incentives Branch