DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 2625-10
3 May 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 3 May
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. You
originally enlisted in the Navy with a guarantee to attend the
Aviation Boatswain's Mate-Aircraft Handler (ABH) school. Your
enlistment guarantee (Annex A) did not contain any promise or
guarantee of an enlistment bonus. On 22 January 2008 you executed an
annex to your enlistment contract (Annex B to DD Form 4 dated 21
November 2007), which reclassified you into the ATF/AIRR Aircrew
Rescue Swimmer program. Again, no bonus was guaranteed. You are now
requesting the date on Annex B be corrected to “17 August 2007," vice
“22 January 2008” to “allow the DON to pay (a $15,000) EBCC as
guaranteed.” However, there is no evidence you were ever “guaranteed”
a $15,000 bonus (or any bonus). Changing the date on Annex B will not
establish entitlement to a bonus. You have already been provided with
enrollment in the ATF/AIRR Aircrew Rescue Swimmer program which is the
only guarantee contained in your enlistment contract. Accordingly,
your request has been denied. If you have reason, other than
establishing entitlement to a bonus that the date of Annex B should he
changed you may submit a separate request, with supporting
documentation. The names and votes of the members of the panel will be
furnished upon request.
Docket No. 2625-10
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 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,
Enclosure
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