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NAVY | BCNR | CY2007 | 00419-07
Original file (00419-07.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 MEH
Docket No. 419-07
29 Mar 2007







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 N13OD1/07U0l54 OF 16 Feb 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 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 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.
Si ncerely,

W.       DEAN PFIEFFER

Enclosure


                                    DEPART ENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
200 NAVY PENTAGON
WASHIN TON, D.C. 20350-2000


 7220
N13 OD1/07U0154
16 Feb 07
MEMORANDUM FOR   EXECUTIVE DIRE TORI BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN TH CASE OF
End:     (1) BCNR case file #00 19-07 with CD service record
1. N130 recommends disapprove 1 of petition for an additional payment of En l istm e n t Bonus for College Credit (EBCC).
         2. xxxx entered the DEP on 17 October 2005 and contracted under the Electrician’s Mate program guarantee with EB and $4,000 EBCC. In his petition        requests additional payment of EBCC to reflect $8 000 EB entitlement.
3. The purpose of the EBCC p r ogram 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. Member states that he “ma “ not have been awarded the correct EBCC amount “due to 1 the postage from my previous school to my recruiter.” However, t e enlistment/reenlistment document (DD Form 4) is the official document used to identify enlistment          guarantees and a review of       annex A to DD Form 4 shows $4,000 EBCC.  signed this annex acknowledging
 that only those agreements in section 1 would be honored. He was not guaranteed any greate EBCC amount, as documented by the annex A to his DD Form 4, and is therefore not eligible to receive payment.
5. Member may, however, requ e st additional payment of EBCC if he is able to provide a lette from his recruiter or classifier explaining: 1) that the membe r had provided college transcripts at initial processing, 2) tha the member was eligible for a greater EBCC amount upon enlistment , and 3) why EBCC was not updated in an additional Anne -

         6. BC NR case file with CD se vice record is returned herewith as enclosure (1).



 Enlisted Bonus Programs

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