DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

LCC
Docket No. 6213-06
24 Jan 07

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 17 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 memorandum 1160 Ser 4811/635, 3 November 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,

ROBERT D. ZSALMAN
Acting Executive Director
Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
					      MILLINGTON TN 38055~00OO

				1160
											Ser 4811/635 
											03 Nov 2006

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via: PERS-3lC

Subj:	BCNR PETITION

Ref:	(a) SNM5 DD Form 149 dtd 03 Jul 06

End:	(1) BCNR File

1. In response to reference (a), recommend disapproval to the petitioner’s request.

2. The petitioner discharged from the United States Marine Corps (USMC), after four years, one month and 11 days active service. The petitioner Other Service Veteran (OSVET) enlisted in the Navy on 27 October 2005 and volunteered for the Nuclear Field Program. The petitioner requests reinstatement E-5 based on discharge paygrade.

3. The DD Form 4 enlistment/reenlistment document reflects the petitioner’s enlistment agreement/guarantee entry in the Navy begin in paygrade E-3. The petitioner’s signed Annex A does not offer advancement agreement/guarantee.

4. In view of the above recommend the petitioner’s records remain as
is.

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