DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Dear Petitioner: This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 15 July 2021. The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion contained in Commander, Navy Recruiting Command letter 1133 Ser N35 of 2 March 2021; a copy of which was previously provided to you for comment. On 14 August 2017, you enlisted for 8 years in the U.S. Naval Reserve. Furthermore, you signed an Enlistment Guarantees (NAVCRUIT 1133/52) Annex “A” with the following option: Logistics Specialist (LS/5YO) Class “A” school guarantee (T+X) for 5 years. On 30 March 2018, N3 Operations Notice 66 was published. The following changes are effective immediately: All new PACT Program contracts written after 31 March 2018 until further notice will be for an active duty period of three years verse four years. This will be annotated on the DD Form 4 as an Active Component enlistment and annotated as three years on the NAVCRUIT Form 1133/53, PACT Program Enlistment Annex. Current PACT Future Sailors with four-year obligations will ship under their current contracts and remain in the PACT Program. It should be noted that changes from four-year enlistment contracts to three are not desired, as the Future Sailor must be DEP discharged, returned to MEPS, and re-contract to obtain a new DD Form 4. For this reason it is also required that members reclassified into PACT will retain a four-year obligation. On 11 January 2019, Annex “A” was superseded by Annex “B” with the following option: Aviation/Airman Professional Apprenticeship Career Track (PACT) Program Guarantee for 3 years. On 13 February 2019, you entered active duty for 4 years with an End of Active Obligated Service (EAOS) of 12 February 2023. You are requesting that your EAOS reflect 12 February 2022; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that as a result of you being initially classified into the LS/5YO program, which was a 4-year enlistment with a 12-month extension, you did not qualify for the 3-year enlistment when reclassified into the PACT program. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 8/7/2021 Deputy Director