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

LCC
Docket No. 6730-06
11 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 9 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 1430 PERS4812, 5 October 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 38055-0000
	-	
		1430
		PERS-4 812
	05 Oct 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31c)

Subj: CONMENTS AND RECOMMENDATIONS IN THE CASE 
	
	Ref:	 (a) BUPERSINST 1430.16E

End: (1) BCNR File # 06730—06

1. Based on policy and guidelines established in reference (a) enclosure (1) is returned with the following comments.

a.	Per reference (a), periods of 12 months or greater in which a member enlists, reenlists, or affiliates in a drilling Naval Reserve unit after release/discharge from active duty or transfer/discharge from a Naval Reserve unit constitute a break in service. Personnel who have a break in service as defined above and enter or return to a drilling status will be assigned a time-in-rate date of 1 September of the advancement cycle in which selected for advancement, with the date of affiliation/reenlistment as the effective date of rate.

2.	In view of the above, we petition be denied.

3.	This is an advisory memorandum for use by the Board for Correction of Naval Records (BCNR) only. Point of Contact is PSC(SW) commercial 901-874-4457 or DSN 882-4457.

								By direction