DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JLP:ddj
Docket No: 4584-02
14 January 2003
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 14 January 2003. 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 NPC memorandum 5420 N130D2/02U0737 of 19 December 2002, 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
CHIEF OF NAVAL PERSONNEL
WASHINGTON, D.C. 20370-5000 IN REPLY REFER TO
5420
N13 0D2 / 0200737
19 Dec 2002
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: COMMENT. |
ND RECOMMENDATION IN THE CASE OF PETTY OFFICER
Encl: (1) BCNR case file #04584-02 with microfiche service record
Following provides comment and recommendation on Petty
Officer MIImgm ool tion.
2. N130 recommends denial of Petty Officer —qgimggiiepetition for
an Enlistment Bonus (EB) in the amount of $12,000.
3. Petty Officer gyal entered the Delayed Entry Program (DEP)
on 9 June 2000 and signed an EB contract in the amount of $12,000
for enlisting in the Nuclear Field Program. He shipped to active
duty on 29 August 2000. In accordance with BUPERS message
231454AUG99, (message in effect at the time Petty Officer Siienaiaie..
entered the DEP), the NF Program Was eligible for an EB of $8,000
during the period Petty Officer #a : shipped to active duty.
In his petition, Petty Officer,
that will allow payment of the f
Mtequests favorable action
the amount of $12,000.
4. EB eligible ratings and award levels are announced by OPNAV
(GENADMIN) messages. The message in effect the day a member
enters the DEP and the day the member ships to active duty,
determines the amount of EB a member is eligible to receive. The
Navy classifier erroneously offered a $12,000 EB award level (not
authorized by the EB message in effect at time he entered the
DEP) on his Enlistment Guarantees Contract. Petty Officer Sie
has received the entire $8,000, the amount he is entitled to. No
further action necessary.
5. BCNR case file with microfiche service record is returned
herewith as enclosure (1).
Program Analyst,
Programs Branch
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