DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 5579-08
5 September 2008
Dear ee.
This is in reference to your application for correction of your
naval recard 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 4 September 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 NPC Memo 1160 Ser 811/487 dtd 8
Jul 08, a topy 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.
The Board also found the following factors militated against
granting ypu relief. The extension was proper when executed.
Governing regulations require reenlistment in the same fiscal
year as the EAOS. Those regulations are not arbitrary; rather,
they are rationally related to furthering the Navy's legitimate
interest im managing reenlistment bonuses in various communities
by fiscal year. Additionally, although any future reenlistment
bonus may not be tax free, you will not be denied the
reenlistment bonus itself. Finally the Board found that by
granting ydur application, an undesired precedent may be set.
Accordingly,
your application has been denied. The names and
votes of |the members of the panel will be furnished upon
request.
It is regret
ted 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 Boardl
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 lof
Enclosure
probable material error or injustice.
Sincerely,
\
W. DEAN P R
Executive tor
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