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

LCC
Docket No. 10194-07
4 Feb 08

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 memorandum 1430 Ser 811/ of 11 January 2008, 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,

							W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
	MILLINGTONTN38O55~OOOO	1430
	Ser 811/
	11 JAN 08

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

Subj:	BCNR PETITION ICO 

Ref:	(a) SNIyT’s DD Form 149 dtd 26 Oct 07

End:	(1) BCNR File

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

2.	The petitioner is requesting advancement to Petty Officer
Third class in the United States Navy (Active) based on her
advancement to SW3 in the United States Naval Reserve (Inactive)
(USNRI).

3.	The member was advanced to SW3 effective 16 August 2007 while in the USNRI. On 15 October 2007, she reenlisted in the active duty; however, she was disapproved to reenlist as a SW3 due to current policy restricting the number of SW3/E4 Navy Veterans (NAVETS). She agreed to be reenlisted as a non-designated Seaman with guaranteed designation as BUCN/E3 upon completion of EU A” school.

4.	In view of the above, recommend the petitioner be disapproved advancement to Petty Officer Third Class.

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