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NAVY | BCNR | CY2006 | 07869-06
Original file (07869-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
 Docket No. 7869-06
29 Mar 07






This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 March 2007. 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 memo 7220 N13OD1/07U0041 of 23 JAN 07, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 ease 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 also 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.






Enclosure






DEPARTMENT OF THE NAVY
OFFiCE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000



 7220
 N13OD1/07U0041
23 Jan 07
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN THE CASE ~
End:     (1) BCNR case file #07869-06 with CD service record

1.       Nl30 recommends disapproval of XXXX pe tition for an Enlistment Bonus for College Credit (EBCC).
2.        XXXX e ntered the DEP on 06 Jan 06 under the Personnel Specialist school guarantee with no EB or EBCC. In his petition,   XXXX requests a payment of EBC.
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 his DD Form 4 reveals that he was not guaranteed any bonuses under the EB program. XXXXX s igned the annex acknowledging that only those agreements in section 1 would be honored. He was not guaranteed EBCC and is therefore not eligible to receive payment.
5.       Member may, however, request payment of EBCC if he is able to provide a letter from his recruiter explaining: 1) that the member had provided college transcripts at initial processing,
 2)       that the member was eligible for EBCC upon recruitment, and
 3)       why EBCC was not included in an additional Annex.

6.       BCNR case file with CD service record is returned herewith as enclosure (1).






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