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NAVY | BCNR | CY2004 | 04635-04
Original file (04635-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX     SRB
         WASHINGTON DC 20370-5100         Docket No. 4635 - 04
                 
23 March 2005











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 22 March 2005. 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 s ta tutes, regulations and policies. In addition, the Board considered t~ie advisory opinion furnished by CNO memorandum 5420 Ser N13OD1/Ser 0~U0154 dated, 4 March 2005 a copy of which is attached.

After carefu~1 and conscientious consideration of the entire record, the Board find that the evidence submitted was insufficient to establish th~ existence of probable material error or injustice. In this connect i on, 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,



DEAN PFEIFFER
Executive Dir ector
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/Ser 05U0154
04 Mar 05

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

Subj:    COMMENT AND RECOMMENDATION IN THE CASE


End:     (1) BCNR case file #00071 - 05

1. N130 recommends disapproval of i s petition for payment of “college bonus never received”.

2.       - volunteered for Seaman Apprenticeship training with a guaranteed assignment to OPERATIONS / COMMUNICATIONS field and a $4,000 Enlistment Bonus (EB). In his petition, requests payment of an Enlistment Bonus for College Credit (EBCC)

3.       The purpose of the EBCC program is to increase the number of enlistments of personnel with prior college level education. This program is not an entitlement and is subject to annual budget constraints. The EBCC is guaranteed only at the discretion of the classifiers and is not offered to every recruit

4.       The enlistment/reenlistment document (DD Form 4) is the official document used to identify enlistment guarantees. A review of Annex A to DD Form 4 reveals that he was not guaranteed an EBCC. as signed the DD Form 4 acknowledging that no guarantee was made to him other than those listed on his Record of Military Processing (DD Form 1966), his DD Form 4 and its Annexes. He is therefore not entitled to receive an EBCC.



















DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
         5722 INTEGRITY DR.
MILLINGTON, TENNESSEE 38054-5057
        
         IN REPLY REFER TO:
1133 Ser 32
JAN 2005

From:    Commander, Navy Recruiting Command
To:      Executive Director, Board for Correction of Naval Records

Subj:    BCNR REQUEST ICO

Ref:     (a) COMNAVCRUITCOMINST 1130.8F

End:     (1) BCNR Docket Nr. 04635-04

1.       Recommend disapproval of enclosure (1) . Per enclosure (1) and reference (a), Applicants with college level foreign education who have satisfactorily completed the U.S. equivalent of 45 semester hours at a college or university accredited for post secondary education, may be enlisted as an in paygrade E-3. SNM first transcript shows completion of a secondary high school program that is not an equivalent to a postsecondary education. The second is a postgraduate secondary diploma/certificate program that is not equivalent to a postsecondary education.


2.       This is an advisory memorandum for use by the Board for Correction of Naval Records only. Enclosure (1) is returned.

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