' DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX:
WASHINGTON DC 20370-5100
MEH
Docket No. 12349-09
1 Mar 19
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 1 March
2010. 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.
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.
Documents in your Official Military Personnel File (OMPF), to include
your DD Form 214, show that you served on active duty from 31 October
2006 through 4 April 2008. This gives you total active duty service
of 1 year, 5 months, and 4 days. Because you did not serve the entire
term of your imitial contract (4 years, with a 24 month extension),
the unearned portion of your $5,000 Enlistment Bonus (EB) is
recoupable.
The Defense Finance and Accounting Service (DFAS), in correspondence
dated 16 October 2009, in regards to the recoupment debt,
inadvertently indicated you completed “2 years and 28 weeks of your
commitment.” Based on this error, and with no documentation to
support your request, you petitioned the Board to correct your DD Form
214 to show that you had 2 years and 28 weeks of active duty service.
On 4 December 2009 the Board sent you a letter requesting amplifying
information regarding your petition. Your response of 15 January 2010
did not provide additional clarification, or amplification, and
basically reiterated earlier statements. Accordingly, as you have
‘provided no documentation that would support your request, and there
is no documentation in your OMPF that shows you served on active duty
for a period of “2 years and 28 weeks,” vice “1 year, 5 months, and 4
days," your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Docket No. 12349-09
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
er 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 P
Executive Ditector
Enclosure
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