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NAVY | BCNR | CY2007 | 06118-07
Original file (06118-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


MEH
Docket No. 6118-07
11 Feb 08



         Dear


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 11 February 2008. 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 CNRC memo 1133 Ser N5312/09008 of 28 Jan 08, 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.

Sincerely,


W.       DEAN PFEIFFER
Executive Director
Enclosure






DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
5722 INTEGRITY DR.
MILLINGTON,TENNESSEE 38054-5057        


        
N REPLY REFER TO:
                           1133
                                                                                          Ser N531f2/09008
                                                                                         
28 Jan 2008


MENORANDUN FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:    ADVISIRY OPINION

1.       Petitioner has applied to the Board for Correction of Naval Records seeking to have his Navy record be changed to show that he enlisted with a Loan Repayment Program (LRP) guarantee. The record indicates that selected an enlistment bonus (EB) of $8,000. Navy policy requires a recruit to select either the EB or LRP, and combinations of both are allowable under specific circumstances. This memorandum provides a recommendation for the Board regarding the Petitioner’s application.

2.       It is our opinion that the records in this case do not sufficiently corroborate the Petitioner’s claim that the LRP guarantee be awarded. believed that he enlisted with both EB and LRP. We contacted him to request any documents that would support his claim. He was unable to produce any, and our research indicates that there is no evidence of an LRP application, nor any documents to support his claim. Therefore, he is not eligible for LRP. Accordingly, we recommend that the Board deny consideration of the Petitioner’s request.

3.       EB and LRP combinations are only allowable when the recruit has a degree. Upon discussions with it was determined that he did not have the educational credentials required to qualify for both the LRP and the EB combination. The Personalized Recruiting for Immediate and Delayed Enlistment (PRIDE) system checks for LRP-EB eligibility. If he had been eligible for the combination, the classifier would have been notified and would have been afforded the opportunity prior to accession onto active duty.


By direction
         CDR , USN

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