DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
MEH
Docket No. 4681-09
29 Jun 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 29 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 1160 Ser N130D/09U00462 of 1
Jun 09, a copy of which is attached.
After careful and conscientious consideration of the entire record,
che 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,
LoDeak
W. DEAN PFETBS
Executive Dipect
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
1160
Ser N130D/09U0462
01 June 2009
MEMORANDUM FOR DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: REQUEST FOR ADVISORY OPINION ICO aR
Ref: (a) OPNAVINST 1160.9
(b) GENADMIN DTG 171200Z MAR 07
Encl: {1) BCNR Case No. 04505-09
1. The attached case of QQQBBINMMP Case No. 04681-09 at
enclosure (1), has been reviewed. N130D recommends disapproval
of petitioner’s request to include an Enlistment Bonus (EB) to
his latest enlistment contract.
2. As stated in paragraph 10.a.3. of reference (a), “Once
training has started a change in rating, skill, or program will
normally terminate a member’s eligibility for any ER categorized
under paragraph 9a.” An exception to that policy was in place
during Qqqqreclassification. Per reference (b), a |
SEAL attrite “may be offered one reclassification for EB if they
reclassify into one of the following ratings: SB-ATF, EOD-ATF,
ND-ATF, or AIRCREW-RESCUE (AIRR).”
3. SMI did not reclassify into one of the ratings
listed under the exceptions and was therefore not authorized an
EB per policy.
4. FT am the PoC for this case. Contact me at comm. 703-614-2067
or by email: derek.vestal@navy.mil for instructions.
D. A. VESTAL
Navy Bonus Programs
OPNAV N1I30D
lor Official Use Orly — Privacy Sensitive —Any misuse or itnauthorized disclosure may result in boil civil and criminal
penalties,
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