DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 11913-08
11 May 09
Dear
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 11 May
2009. 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 opinions furnished by CNO memo 1160 Ser N130D/09U0335 of
22 Apr 09, and NPC memo 1430 Ser 811/282 of 6 May 09, copies of which
are 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. Accordingly, your application, and
your request for a personal appearance before the Board, have been
denied. The names and votes of the members ef 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,
TR aad.
ROBERT D. “SALMAN
Acting Executive Director
Enclosures
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/282
6 May 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS~-31¢
Subj: BCNR PETITION Ico
Ref: (a) SNM'S DD Form 149 dtd 21 Nov ge
{b) OPNAVINST 1160.9
Encl: (1) BCNR File
1. Per references {a) and {(b}, recommend disapproval to the
petitioner's request.
2. The petitioner is requesting to not be paid her $1,000.00
Enlistment Bonus Source Rate (EBSR} and the $5,000.00 Enlistment Bonus
College Credit (EBCC) and cancel her 12 month agreement to extend.
enlistment for the EB, .
3, Reference (b) has no provision to not pay the EB and cancel the
agreement to extend enlistment if the member has completed ali the
requirements. The petitioner has completed the requirements to
receive her EBSR/EBCC and should be paid as guaranteed.
4. In view of the above, recommend the petitioner be paid the
$6,000.00 EB and the agreement to extend eflistment remains as is.
%. This fs an advisory memorandum to reference (a) for use by the Board
for Correction of Naval Records (BCNR) only. Enclosure (1) is returned.
sk
Division Director
Enlisted Career Progression
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
1160
Ser N130D/09U0335
22 April 2009
MEMORANDUM FOR DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: |
Ref: (a} NAVADMIN 369/08
“Encl: (1) BCNR Case No. 11913-08
1. The attached case of =e ¥ Case No. 11913-08 at
enclosure (1), has been reviewed. (wee requests
cancellation of her 12-month extension since her EB and/or EBCC
was never paid.
2. N130D does not have the authority to cancel extensions on an
enlistment contract. Bonus payments do not occur automatically
and are usually initiated by the school-house or first gaining
command at the request of the service member.
3. The service member may qualify for the new “Enlisted Early
Transition Program” described in reference (a). Paragraph 5 of
reference (a) states that “.. early transition requests will not
be approved for sailors... under a selective reenlistment bonus
entitlement..”; however, if this entitlement was never paid, the
service member may qualify for the program. Additionally, after
speaking with PSCS Rodney Williams (POC on message), OPNAV N132
is working a new NAVADMIN that will make exceptions for sailors
who are currently under an EB contract.
4. The recommendation from N130D is to have the service member
engage PSCS Williams at OPNAV N132. If the member’s extension
becomes operative and it appears that she will be required to
fulfill her complete enlistment contract, she should engage with
her personnel office to ensure that she is paid her bonus
amounts.
5. I am the POC for this case. Contact me at comm. 703-614 -2e67™,
or by email: derek.vestal@navy.mil for instructions. we %,
ut
. A, VESTAL
Navy Bonus Programs
OPNAV N130D
lhl Xoo? S
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For Official Use Only — Privacy Sensitive —Any misuse or unauthorized disclosure may result in both civil and criminal
penalties,
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