DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 6093-08
15 September 2008
Dear Aaa,
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 15
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 1430 Ser 811/540
dtd 24 Jul 08, a copy 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 you 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 in 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
your 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 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 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,
~
Laon
W. DEAN PFEL
Executive Directdr
Enclosure
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