DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
										    Docket No. 9270-07 
										    9 Jun 08

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 9 June 2008. 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. In addition, the Board considered the advisory opinion furnished by CNO memo 1160 Ser N130D2/08U0282 of 29 Apr 08, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with 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.

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 and material evidence or other matter not previously considered by the Board. In this regard, it is also 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,

								W.DEAN PFEIFFER
     Executive Director
Enclosure

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
					           WASHINGTON. D.C. 20350-2000

1160
Ser N130D2/08U0282
29 April 2008

MEMORANDUM FOR DIRECTOR, BOARD FOR CORRECTIONS OF NAVAL
RECORDS
	Subj	REQUEST FOR ADVISORY OPINION ICO

Ref:	(a) GENADNIN DTG 20l503Z DEC 05

End:	(1)BCNR Case No. 9270-07
(2)	Decisions of the Comptroller General of the United States, Volume 58, Case B-183576

1. The attached case of Case No. 9270-07 at enclosure (1), has been reviewed. N13OD recommends disapproval of petitioner’s request to increase his EB to $40,000.

2.	The purpose of the EB program is to increase the number of enlistments of personnel to specific ratings. This program is not an entitlement and is subject to annual budget constraints. EB is guaranteed only at the discretion of the classifiers and is not offered to every recruit or member reclassifying.

3.		entered the Delayed Entry Program on 26 Aug 2005 and was reclassified at Recruit Training Command on 31 Jan 06. This made reference (a) the effective message for purposes of determining the amount of EB available. This GENADMIN awards those shipping into the Navy under the SEAL Program $18,000 for shipping Jan - Nay 2006. The document (DD Form 4) is the official document used to identify enlistment guarantees and therefore we recommend that he keep the $18,000. I~. was not offered nor guaranteed a higher EB and signed the DD Form 4, acknowledging the guarantees that were made to him at that time.

4.	According to enclosure (2), “If an individual enlists in a Reserve component under the DEP with a concurrent commitment to serve in a Regular component for a period of 4 years in a skill designated as critical, the award level of the enlistment bonus authorized by 37 U.S.C. 308a (1976) must be fixed on the date of enlistment in the DEP, rather than on the date of entry on active duty.”

5.	BCNR case file with CD service record is returned herewith as enclosure
(1)

6.	I am the POC for this case. Contact me at comm. 703-695-3316 or by email:

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