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NAVY | BCNR | CY2009 | 08977-09
Original file (08977-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
Docket No. 8977-09
23 Nov 09

From: Chairman, Board for Correction of Naval Records
To: Secretary cf the Navy

Subj: REVIEW OF NAVAL RECORD ICO ;

   

Ref: (a) Title 10 U.S.¢c, 1552

Encl: (1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser NS5312/09079 of 30 Oct 09
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to establish entitlement to an Enlistment Bonus for Source Rate
(EBSR), and Enlistment Bonus for College Credit (EBCC) .

2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 23
November 2009 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval records, and applicable statutes,
regulations and policies.

3. The Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.

b. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has commented to the effect that the request has merit and
warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting the following corrective
action.
Decket No. 8977-09

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The Enlistment Guarantees Annex signed by Petitioner on 26
February 2008 and described as “Annex B to DD Form 4 dated 17 January

2008” (which is actually the second Annex B executed by Petitioner) is
null and void. .

b. On 26 February 2008, Petitioner executed an Enlistment
Guarantees Annex described as “Annex C to DD Form 4 dated 13 September
2007" which establishes entitlement to the following:

Option (1) Aircrew Non-Rescue Swimmer (ATF-AIRC) Guarantee
Option (2) Enlistment Bonus Source Rate $7,000
Option (3) Enlistment Bonus College Credits $6,000

c. The EB entitlements will be paid by Navy Personnel Command
{(PERS-811).

ad. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.

4. It is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN . wou J. eft

Recorder Acting Recorder

5. Pursuant to the delegation of authority set out in Section 6(e)
of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference
{a), has been approved by the Board on behalf of the Secretary of the

W. DEAN PRPETGF
Executive D c

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