DEPARTMENT OF THE NAVY 

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

Docket No. 5966-17 
MAR 26 2018 


Dear , 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 16 Feburary 2018. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrativeregulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all matenal submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. The advisory opinion provided in Navy Personnel 
Command memorandum 1160 Ser 813/201dated14 November 2017 was sent to you on 
3 January 2018 for an opportunity to comment prior to being considered by the Board. A copy 
ofthis advisory opinion is again enclosed. After the 3 0 day period for comment expired without 
a response, the case was presented to the Board 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, to include your assertions that you should have been afforded the opportunity 
to reduce your operative 24 month extension to reflect 12 months with the intent to change your 
end ofactive obligated service (EAOS). The Advisory Opinion (AO) furnished by the Navy 
Personnel Command provided an unfavorable recommendation to your request. The AO states 
the following: "member signed a 24 month extension on 13 November 2012 for training in the 
and advancement to E4. Reference (b) [MILPERSMAN 1510-030] requires members enrollment'in a 6yo 
program to agree to two consecutive 12 months extensions. These extensions can be accomplished by one 24 months extension. 
Reference (b) [MILPERSMAN 1510-030] defines each 12 month portion; one 12 month portion 
is for the advanced training received and the other 12 month portion is for the acceptance of 
accelerated advancement ..." Furthermore, "Per reference(±) [MILPERSMAN 1160-040] 
completion of 38 weeks ofadvanced training tequires a payback value that exceeds the actual 
second 12 month extension; therefore the second 12 month extension will not be cancelled." 

The Board Majority concurred with the recommendation ofthe AO. The Board Majority 
therefore decided to deny your contention. The Board Minority determined that an injustice was 
conducted since you completed the requirements and you were medically disenrolled; not your fault. Hence, the Board Minority determined that your completion ofthe program justified your request to reduce your 24 month extension to reflect 12 
months. In this connection, the Board Majority substantially did not concur with the Board 
Minority. Accordingly, your application has been denied. 

Additionally recommend that portion of your request as related to your NA VPERS 1070/613 
inclusion in your OMPF be forwarded to PERS 3 for action. 

It is regretted that the circumstances of your case are such that favorable action carmot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director