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NAVY | BCNR | CY2009 | 10195-09
Original file (10195-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 10195-0939
9 Nov 03

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

Subj: REVIEW oF ON ia

 

Ref: (a) Title 10 U.8.¢c. 1552

Encl: (1) DD Form 149 ‘w/attachments
(2) PSD North Island memo 5400 CODE 35 of 28 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) .

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 9 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.
Docket No. 10195-09
RECOMMENDATION:

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

a. The Enlistment Guarantees Annex signed by Petitioner on
5 May 2008 and described’ as “Annex B to DD Form 4 dated 2 May 2008”
(which is actually the second Annex B executed by Petitioner) is null
and void.

b. On 5 May 2008, Petitioner executed an Enlistment Guarantees
Annex described as “Annex C to DD Form 4 dated 18 January 2007" which
establishes entitlement to the following:

Option (1) Explosive Ordnance Disposal {ATF-6Y¥O) Program
Guarantee

Option (2) Enlistment Bonus (EBSR) $40,000 Pér MSG DTG
1914322 JUN 07

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

d. 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. ZASALMAN WILLIAM J. HES

Recorder Acting Recorder
Be 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

Navy ..

TRS EO

Fou_W. DEAN PRRIFFER
Executive Director

9 November 2009

nm

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