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NAVY | BCNR | CY1998 | 08115-98
Original file (08115-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

JLP: t. 
Docket No:  81 15-98 
24 August  1999 

This is in  reference to your application for correction of  your naval record pursuant to the 
provisions of  title 10 of  the United  States Code, section  1552. 

A  three-member panel of  the Board  for Correction of  Naval Records,  sitting in  executive 
session, considered  your application on  24 August  1999.  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  BUPERS Memorandum 5420 N130D11126-99 of  19 July  1999, 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 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 

O F F I C E   O F   T H E   C H I E F   O F   NAVAL  O P E R A T I O N S  

W A S H I N G T O N .   D C   2 0 3 5 0 - 2 0 0 0  

I N   R E P L Y   R E F E R   T O  

5420 
Nl3 0Dl/I26-99 
19 JUL 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  COMMENTS AND RECOMMENDATIONS IN THE CASE OF SEAMAN 

Encl :  (1) BCNR File #08115-98 with microfiche service record 

1.  Following provides comments and recommendations on Seaman 
-' petition. 

2.  N130 recommends den 
Bonus  (EB) . 

etition for Enlistment 

C-- 

the Delayed Entry Program 

3 .  fentered 
(DEP) on 31 ~anuarf-1997 with the Advanced Electronic Field - 
Advanced Electronics Computer Field Program Guarantee and Navy 
College Fund  (NCF).  He shipped to active duty on 02 June 1997. 
While in 'A' school, he decided to petition for EB instead of 
NCF.  m
program. 'Review of his service record indicates he was properly 
counseled regarding enlistment guarantees.  -is 
not 
entitled to both NCF and EB, and therefore is no longer eligible 
for EB. 

 he was miscounseled about the EB 

t

a

t

e

s

4 .   The Navy offers an EB to members during the DEP or the 
reclassification phase of recruit training.  At no other time may 
the prospective recipient choose to take an EB.  Members are not 
subsequently entitled to renegotiate program options. 

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

- 

Assistant, Enlisted Bonus 

Program Branch , 



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