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NAVY | BCNR | CY2009 | 12754-09
Original file (12754-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

Due
Docket No, 12754-09
6 Apr 10

 

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

5 April 10. 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
an advisory opinion furnished by NPC Memo 1160 Ser 811/711 dtd 22 Oct
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. Your
application of 4 December 2009 seeks to expunge your reenlistment
contract of 8 June 2009 entirely and to adjust your EAOS to 8 April
2010. In reviewing your record, the Board noted that you previously
requested Board action to entitle you to bonus (award level 3.0) for
that reenlistment. To support that request, you presented the
following two arguments. First, you averred, in general, that as part
of your Obliserv-to-Train (OTT) contract of 17 January 2008, you were
promised that you would receive a reenlistment bonus (award level 3.0)
upon reenlistment after completion of your training. Second, you
highlighted that your reenlistment contract of 8 June 2009 included
the words “SRB Zone B at award level 3.0.” Regarding your first
claim, the Board could not find any evidence that, in January 2008,
when you signed the OTT contract, you were specifically promised a
future reenlistment bonus at award level 3.0. Regarding your second
claim, the Board determined that when you signed that reenlistment
contract (8 June 2009) you were already aware of your ineligibility
for a 3.0 bonus. You were not entitled to a bonus for that
reenlistment because (a) you were still in zone A (which had an award
level of *0”), and (b) even if you had been in zone “B”, the award
Docket No. 12754-0909

level for zone “B” was “0”. The Board denied your prior application
seeking a reenlistment bonus of 3.0 on 5 October 2009. Thereafter, in
an effort to afford you the most favorable consideration possible, the
Navy Personnel Command suggested some possible alternatives that had
the potential to benefit you. Noting that the zone "B” award level
increased to “1.0” effective 2 Oct 2009, NPC suggested changing your
record to show that you reenlisted on 1 October 2009 (vice 8 June
2009) for a zone “B” bonus (at award level 1.0) for a term of 4 years.
» Another alternative discussed, as set out in enclosure {1) wag
expunging the reenlistment contract of 8 June 2009 and replacing it
with a reenlistment/extension (without a bonus) to obligate you
through April 2012. However, rather than seeking to have your record
changed based on either of these suggestions, you have requested
simply to have the reenlistment contract of 8 June 2009 expunged in
its entirety and to adjust your FAOS to 8 April 2010.

In reviewing your request (to expunge the reenlistment contract of

8 June 2009 and to adjust your EAOS to 8 April 2010), the Board notes
that just prior to this reenlistment, you received over fourteen
months of advanced training in Biomedical Equipment Repair between
February 2008 and May 2009. Your orders to the Biomedical Equipment
Repair school clearly stated that “obligated service to April 2012”
was required for the assignment. Your follow on orders to Okinawa
also stated “obligated service to April 2012” was required for that
assignment. Additionally, MILPERSMAN 1306-604 governs the obligated
service expectations for service schools. Under those guidelines,

. personnel who are assigned to a service school for fourteen months (as
in your case) are expected to obligate for 60 months (from the

commencement of the school). Under these circumstances, the Board
found no compelling reason to excuse you from an obligated service
requirement at least through April 2012 for the training you received.
Expunging the reenlistment in its entirety and adjusting your EAOS to
8 April 2010, as you have requested, would deprive the Navy of the
return on their investment in training you. Accordingly, your request
to expunge the reenlistment is 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 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,

Executive Dinedtor
Enclosure

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