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

DJC
Docket No. 8680-07
5 February 2008

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 4 February 2008. 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 811/025 dtd 11 Jan 08, 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
						MILLINGTON TN 38055-0000

				1160
											Ser 811/025 
											11 Jan 08

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

	Subj: BCNR PETITION ICO 

	Ret:	(a)	SNIVIS DD Form 149 dtd 23 Aug 07
		(b)	NAVADMIN 125/07

End:	(1) BCNR File

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

2.	The petitioner reenlisted for five years on 15 December 2006 to meet the required obliserve for BUPERS orders 2936 with required obliserve to Feb 2011. The award level for NEC 4233 zone “B” was 0.0.

3.	Reference (b) released on 18 May 2007 increased the zone “B” SRB award level to 1.0. The petitioner requests to change the reenlistment contract into extensions/shorter reenlistment to become eligible to reenlist for SRB.

4.	Navy Personnel Command/OPNAV cannot provide information pertaining to subsequent SRB NAVADMINs until the NAVADMIN has been released. Therefore the petitioner could not have been counseled concerning reference (b) prior to the reenlistment. Petitioner’s hindsight is not sufficient grounds to change the reenlistment date as no error or injustice was committed.

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.

  LT USN
Division Director
Enlisted Career Progression
By direction