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NAVY | BCNR | CY2004 | 09586-04
Original file (09586-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX     SRB
          WASHINGTON DC 20370-5100         Docket No. 9586 - 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 statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CNO memorandum 5420 N13OD/05U0025 dated 5 January 2005, 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 PFEI FFER
Executive Dire ctor

Enclosure














DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
                                             2000 NAVY PENTAGON
 W ASHINGTON, D.C. 20350-2000   
        
                                                                                          IN REPLY REFER TO
 5420
          Ser N13OD/05U0025

 05 Jan 05
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 Subj:    COMMENT AND RECOMMENDATION IN THE CASE OF PETTY OFFICER

Ref:     (a) OPNAVINST 1160.6A
End:     (1) BCNR case file #09586-04 with CD service record
1.       N130 recommends disapproval petition for an Enlistment Bonus (EB).
2.                e ntered the Delayed Entry Program (DEP) on’16 June 2000, volunteered for the SUBMARINE ELECTRONIC /     COMPUTER FIELD and signed a contract with a $4,000 EB. He shipped to active duty on 14 June 2001. On 22 June 2004 he was declared to be “PHYSICALLY NOT U IFIED” for submarine duty. In his petition, Petty Office         requests payment of a $4,000 EB.
3.       As stated in reference (a) members who do not continue in the skill for which they enlisted will have the EB option nullified. Additionally, paragraph 4 of his signed EB Statement of Understanding reiterates the requirement to remain fully qualified for the program/rating in which he enlisted to remain entitled to receive the EB. Therefore, is not entitled to a $4,000 EB.
4.       BCNR case file with CD service record is returned herewith as enclosure (1) -



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