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NAVY | BCNR | CY2009 | 07387-09
Original file (07387-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 7387-09
28 Sep 09

 

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 28
September 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/09U0655 of 10 Sep 09, 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. 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,

W. DEAN PPRTRP

Executive Dinac

Enclosure
DEPARTMENT OF THE NAVY

OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000

 

1160
Ser Ni30D/09U0655
10 September 2009

MEMORANDUM FOR DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS

   
 

Subj: REQUEST FOR ADVISORY OPINION 1Ccgiiiliillll

Ref: (a} OPNAVINST 1160.9

Encl: (1) BCNR Case No. 07387-09

 

1. ‘The attached case of aS Wi Case No. 07387-
G9 at enclosure (1), has been reviewed. N130D recommends
disapproval of petitioner’s request to include an Enlistment
Bonus (EB) to his enlistment contract.

2. As outlined in paragraph 7.f£. of reference (a), a recruit
must “incur initial active duty service obligation that exceeds,
by at least 12 months, the established obligation for the
designated military rating, skill, or program.” Four years is |
the minimum service requirement for the AO rating. 

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