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NAVY | BCNR | CY2003 | 04859-03
Original file (04859-03.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: 4859-03
         26 August 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 26 August 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 N13OD1/03U0553 of 6 August 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
N13OD1/ 03U0553
6 Aug 2003

MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
         
         Subj: COMMENTS AND RECOMMENDATION IN THE CASE SEAMAN


 End:     (1) BCNR case file #04859-03 with microfiche service record
1.       T1e following provides comment and recommendation on Seaman
         
         2.       Nl30 recommends disapproval of Seaman petition for an Enlistment Bonus (EB).
         
         3.       Seaman   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. Seaman does not have an EB College Kicker contract in her service record and therefore is not entitled to an EB College Kicker.
5.       BCNR case file is returned herewith as enclosure (1).



Enlisted Bonus
Programs Branch

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