Docket No. 9209-19
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 20 October 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 B328/190 of 10 October 2019; a copy of which was previously provided to you for comment. 
 
On 11 February 2008, you entered active duty.  On 3 October 2016, you reenlisted for 4 years via BCNR action.  On 7 December 2016, BCNR received your DD Form 149.  You requested that on 22 July 2016 you signed an agreement to extend enlistment for the purpose of fulfilling your orders to   .  You requested that the board cancel your extension because you were misled by your Divisional Career Counselor that signing that agreement was the only way to fulfill your OBLISERVE. You found out later that you could have achieved fulfilling the OBLISERVE by reenlisting, as well.  On 15 September 2017, the Board granted you relief.  On 11 February 2018, you entered zone “C” for SRB purposes.  On 13 September 2019, you reenlisted for 6 years and received no SRB.  
 
You requested that your 3 October 2106 reenlistment reflect a term of 6 years vice 4 years in order to maximize SRB; 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 reenlisting for 6 years at that time would have taken you through zone C, preventing future SRB eligibility and that there was no evidence that you intended to reenlist for 6 years at that time. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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,