DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 5534-08
5 September 2008
Dear 4
This is im reference to your application for correction of your
naval recdrd pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, gitting in executive session, considered your
applicatidn on 4 September 2008. Your allegations of error and
injustice lwere reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Ddcumentary 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 dpinion furnished by NPC Memo 1160 Ser 811/514 dtd 23
Jul 08, alcopy of which is attached.
After car@qful 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 imjustice. In this connection, the Board substantially
concurred jwith the comments contained in the advisory opinion.
The Board jalso found the following factors militated against
granting you relief. The extension was proper when executed.
Governing fregulations require reenlistment in the same fiscal
year as thle EAOS. Those regulations are not arbitrary; rather,
they are rationally related to furthering the Navy’s legitimate
interest ih managing reenlistment bonuses in various communities
by fiscal year. Additionally, although any future reenlistment
bonus may fot be tax free, you will not be denied the
reenlistmeht bonus itself. Finally the Board found that by
granting ypur application, an undesired precedent may be set.
According
votes of
request.
It is reg
that favo
the Board
material
the Boardl.
a presump
Consequen
naval rec
existence
Enclosure
y, your application has been denied. The names and
he members of the panel will be furnished upon
etted that the circumstances of your case are such
able action cannot be taken. You are entitled to have
reconsider its decision upon submission of new and
vidence or other matter not previously considered by
In this regard, it is important to keep in mind that
ion of regularity attaches to all official records.
ly, when applying for a correction of an official
rd, the burden is on the applicant to demonstrate the
of probable material error or injustice.
Sincerely,
\
Cc r
W. She —
Executive D
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