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

DJC
Docket No. 6780-07
31 October 2007

Dear

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 30 October 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 811/445 dtd 14 Sep 07, 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,
									
									W. DEAN PFEIFFER
									Executive Director

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINCTON TN 38055-0000

1160
Ser 811/445 14 Sep 2007

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:	PERS—31C

Subj:	BCNR PETITION ICO 

Ref:	(a) SNN’S DD Form 149 dtd 27 Jul 07
	(b)	NAVADMIN	301/02
	(c)	NAVADMIN	070/05
	(d)	NAVADMIN	167/05

Encl:	(1) BCNR File

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

2.	The petitioner received BUPERS order 1445 on 24 May 2005 to PCS transfer to the USS EMORY S LAND(UIC 20635). Reference (b) listed a LSRB award level for UIC 20635 provided to members who met the SRB reenlistment criteria in reference (c) . The petitioner reenlisted for six years on 03 October 2005 and received a zone “B” SRB entitlement for the CS rate. The petitioner’s EAOS at the time was 02 May 2006. The member requests to backdate reenlistment to 01 September 2005 and receive the SRB/LSRB incentive.

3.	Reference (d) released on 19 July 2005 terminated the LSRB program effective 30 September 2005. Reference (C) authorized SRB to members who reenlist within the same fiscal year as their EAOS and/or any time within the same fiscal year as PCS detachment month.

4.	The petitioner was not eligible to reenlist on 01 September 2005. The member’s EAOS and PCS transfer month was in fiscal year 2006. The petitioner’s earliest date for SRB reenlistment was 01 October 2005, after the effective date of reference (d).

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