DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 4327-09
15 Jun 09
Dear 2
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 June
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 opinion furnished by CNO memo 5730 N132 of 2 Jun 09, a
copy of which is attached. oe
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 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,
TR DSS, FOS
Lo MeeW. DEAN PRPRIFFER
Executive Director
Enclosure
5730
N132
2 Jun Os
MEMORANDUM FOR CHATRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: REQUEST FOR ADVISORY OPINION Ico =ieiiiaiiil
Ref: (a) BCNR Memo of 30 -APR 09
Enel: (1) BCNR File 4327-09
1. Per reference (a), enclosure (1) is returned with the following
recommendations and comments.
2. The petitioner is requesting to receive option one of his National
Call to Service (NCS) enlistment incentive. He additionally states
Chat he was not informed of the option to receive the $5,000.00 bonus
option during the classification phase of his enlistment processing.
3. Having thoroughly reviewed his DD Form 2863 of 27 May 2004, it
clearly reveals that the petitioner certified that he read and
understood the provisions of the NCS program and furthermore understood
his selection of the educational allowance at 50% of the current rate.
I find that he was fully informed of the additional enlistment
incentives and knowingly accepted the educational allowance guarantee.
4. Based on our findings, we do not support the petitioner's request
for payment of option one of his NCS enlistment incentive guarantee on
the basis that the-member was fully informed of all benefit options.
5. My point of contact in this matter is PSCS(AW) Williams at {703)
693-2311 or DSN 223-2311. fiten
8. C. SATTERWHITE
Commander, United States Navy
Deputy, Force Shaping Plans & Policy
Chief of Naval Operations (N132)
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