DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5700
‘
MEH
Docket No. 10279-09
9 Nov 09
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: RECORD TCO
Ref: fa) Title 10 U.S.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,
xeviewed 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. 10279-0939
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) igs nuil and
void,
b. On 5.May 2008, Petitioner executed an Enlistment Guarantees
Annex described as “Annex C to the DD Form 4 dated 20 September 2006”
which establishes entitlement to the following:
Optaen. {1} Explosive Ordnance Disposal (ATF-6Y0O) Program. .
Guarantee
Option (2) Enlistment Bonus {EBSR) $40,000 per MSG DTG
191432% JUN 07
c. The EB entitlement 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 ERS
Board's proceedings in the above entitled matter.
Lebeau
ROBERT D. ASALMAN | . WILLIAM J. HESS,
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(¢)) 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.
| “IC GS
9 November 2009 * .
PAW. DEAN SFELFFER
Executive Director
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