DEPARTMENT OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S.COURTHOUSE ROAD,SUITE 1001
· ARLINGTON, VA  22204--2490

Dear

JEA
Docket No. 5016-15
11 Dec 15

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
11 December 2015.	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. The advisory opinion. provided in BNP memorandum 5420 Ser 325/0811 dated 24 September 2015 was sent to you on 2 November	015 for an opportunity to comment prior to being considered by the Board.	A copy of this advisory opinion·is again enclosed . After the 30 day period for comment expired without a response, the case was presented to the Board.

In regard to your request for a personal appearance, be advised the Board regulations stated personal appearance before the Board are not granted as a right , but only when the Board determines that such an appearance will serve some useful purpose.	In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of the record .

After careful and conscientious consideration of the entire record, the Board found that	he evidence submitted was insufficient to
establish the existence of probable material error or injustice. Upon a thorough review of your record, your Pay Entry Base Date (PEBD) was corrected to reflect 12 November 1990.	Since your PEBD was adjusted accordingly, the High Year Tenure (HYT) for your current rank of E-7 has been set to 12 November 2014. HYT limitation for an E-7 authorizes up to 24 years of service. Although you intended to submit a HYT waiver, PBRS 912 would have denied the request due to YN over-manning in the Navy Selected Reserve . In this connection, the Board substantially concurred wth 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.

Docket No. 5016-15

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 evidence within one year from the date of the Board 's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 .

Sicerely,

•	• • t •  .
Executive Director Enclosure: NPC memo 5420 Ser 325/0811 dtd 24 Sep 15

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2016