Docket No. 8248-19
Ref: Signature Date

  
  
Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 November 2020.  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 Community Management Support Branch memorandum 1160 Ser B328/119 of 17 September 2020; a copy of which was previously provided to you for comment. 
 
On 7 November 2012, you entered active duty with an End of Active Obligated Service (EAOS) of 6 November 2016/Soft End of Active Obligated Service (SEAOS) of 6 November 2017.  In July 2013, you earned NEC (Navy Enlisted Classification) L03A/8404 (Field Medical Service Technician).  On 16 September 2015, you were advanced to E-4.  In April 2016, Current Career School Listing (CSL) was published listing rating/NEC of HM/8410 Bio-Medical Equipment Technician.  On 6 October 2016, you were authorized immediate in-rate reenlistment in the active duty component with an expiration date of November 2017.  On 19 September 2017, you reenlisted for 3 years.  On 26 October 2017, you were issued official change duty orders (BUPERS order: 2997) with a service obligation of May 2023.  On 29 January 2018, Current Career School Listing (CSL) was published; however, it did not list rating/NEC of HM/8410 Bio-Medical Equipment Technician.  On 2 March 2018, you submitted a reenlistment STAR (Selective Training and Reenlistment) request.  On 23 March 2018, you reenlisted for 5 years.  On 2 April 2018, you transferred from the .  In June 2019, you earned NEC (Navy Enlisted Classification) L08A/8410 (Bio-Medical Equipment Technician). 
 
You requested both reenlistment 19 September 2017 and 23 March 2018 be overturned and you be processed for another reenlistment to receive STAR benefits; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the majority of the Board concluded that in accordance with MILPERSMAN 1160-100, to be eligible for a STAR re-enlistment, the enlisted member must be on their first enlistment, with more than 21 months active duty and less than 6 years active duty.  On 19 September 2017, your EAOS was 6 November 2017 and you were required to reenlist; however, you provided no evidence that you tried to reenlist for STAR at that time.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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 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,