DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	 	        2 NAVY ANNEX	-

						WASHINGTON DC 20370-5100

BAN
Docket No. 11187-07
24 March 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 March 24, 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 1430 Ser 811/205 of 28 Feb 08, 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
5720 INTEGRITY DRIVE
						MILLINGTON TN 38055•0000

				1430
											Ser 811/205
											28 Feb 08

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

Subj:	BCNR PETITION ICO 

Ref:	(a) SNN’s DD Form 149 dtd 29 Nov 07

End:	(1) BCNR File

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

2. The petitioner is requesting to adjust his E5 date of rank to the date he enlisted in the United States Navy, 12 July 2004, based on the paygrade held upon his discharge on 4 October 2003 from the United Stated Marine Corps.

3. Petitioner voluntarily enlisted in the United States Navy on
12 July 2004 for four years and extended this enlistment for an additional 12 months to complete five year obligation for the following guarantees: OSVET - Information Systems Technician School Guarantee (SG/IT) SEAL Challenge Program; RTC Great Lakes IL; Rate/paygrade SN/E3; and Enlistment bonus $8,000 for Special Operations.

4.	In view of the above, recommend the petitioner’s record remains as is.

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.

Division Director
Enlisted Career Progression