DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370~510O

DJC
Docket No. 8715-07
29 January 2008

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 28 January 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 811/022 dtd 10 Jan 08, a copy of which is attached.

Your application sought a change to your reenlistment date (to qualify for SRB) and advancement to E-5 retroactive to your C school graduation date. As can be seen from the attached advisory opinion, your advancement date has been corrected administratively by the Naval Personnel Command without action by this Board.

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 pertaining to your reenlistment date. In this connection, the Board substantially concurred with the comm~its contained in the advisory opinion. Additionally, the Board noted that you received STAR reenlistment approval on Oct 2006. Under MILPERSM1~N 1160-100, you were “required to effect reenlistment within 6 months of the date of STAR authorization and prior to attending “A” or “C” school.” 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 811/022
											10 Jan 08

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via:	PERS-31C

	Subj: BCNR PETITION ICO 

Ref:	(a) SNMS DD Form 149 dtd 26 Sep 07
(b)	MPM 1160—100

End:	(1) BCNR File

1. In response to reference (a) , recommend partial approval to the member’s request.

2. The petitioner reenlisted on 23 April 2007 for the benefits of the STAR program. Member completed STAR “C” school on 13 Aug 07. NPC PERS-811 has effected members STAR advancement to E-5 effective 13 Aug 07.

3. MPM 1160-100 eligibility requirements, member must be a first term sailor with less than 6 years active service. Member was granted a waiver for having just over 6 years total active service R240346Z OCT 06.

4. In view of the above recommend the petitioner’s reenlistment contract, NAVPERS 1070/601 be corrected to reflect “Career designated under MILPERSMAN 1160-100.”

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.

              LT USN
Division Director
Enlisted Career Progression
By direction