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

DJC
Doc. No. 4624-06
3 October 2006

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 3 October 2006. 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 4811/459 dated 21 July 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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,

W.	DEAN PFEIFFER,
Executive Director

Enclosure 

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055~0Q00

				1160
											Ser 4811/459 
											21 Jul 2006

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:	PERS-3lC

Subj:	BCNR PETITION ICO

Ref:	(a) SNM’S DD Form 149 dtd 31 Mar 06
(b)	MILPERSMAN 1160-100
(c)	NAVADMIN 065/05
(1)	BONE Nb

2. The petitioner attended NEC 8485 training on 15 May 2004 and successfully completed on 02 September 2004. The petitioner requests STAR reenlistment contract effective October 2004 and receive advancement to Petty Officer Third Class.

3. Reference (b) authorizes automatic advancement successful completion of a Class “C” school or “C” school package that is listed on the CSL at time of reenlistment. Advancement to paygrade E—4 via the STAR program is only authorized to E—3 personnel in the AEF program. The petitioner was not eligible for STAR reenlistment in October 2004.

4.   The petitioner advanced to paygrade 5-4 on 16 June 2005. Reference (c), released on 11 April 2005 removed NEC 8485 from the CSL
effective 01 May 2005.

5. In view of the above recommend the petitioner’s record remain as
is.

6. 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