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NAVY | BCNR | CY2002 | 07564-02
Original file (07564-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No: 7564-02 19 March 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 19 March 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 CNO memorandum 5420 N13OD1/03U0159 of 6 March 2003, 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
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. D.C. 20350-2000
IN REPLY REFER TO
5420
N130D1 /03110159
6 Mar 2003


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:    CONMENT AND RECOMI4ENDATION IN THE CASE OF


End:     (1) BCNR case file #07564-02 with microfiche service record

1.       The following provides comment and recommendation on petition.

2.       Nl30 recommends disapproval of ~ petition for an Enlistment Bonus (EB).

3.       XXXXX the Delayed Entry Program (DEP) on l~9 June 2000 and volunteered for the Nuclear Field Program Guarantee. He requests favorable action that would allow payment of an EB College Kicker.

4.       EB is not an entitlement, but a recruiting tool used at the discretion of recruiters and classifiers to entice individuals to enlist in critical skills. The EB program is budgeted based on quotas provided by the Commander, Navy Recruiting Command and the Enlisted Community Managers, not by the number of “A” School accession seats. An EB College Kicker is an EB and is governed under the preceding rules. Every recruit is not offered nor receives an EB or an EB College Kicker. XXXX
does not have an EB College Kicker contract in his service record and therefore is not entitled to it. No further action is necessary.

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







Enlisted Bonus
Programs Branch

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