DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 11628-10
29 Mar 11
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 29 March
2011. 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
the advisory opinion furnished by CNP memo 7110 Ser N130D/11U0144 of
23 Feb 11, 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. You
originally contracted for the CTM rating with a $7,000 Enlistment
Bonus (Annex A to the DD Form 4). As required by OPNAVINST 1160,
which governs the Enlistment Bonus (EB) program, a 12 month extension
was reflected. Due to a change in your original ship date a new
contract (Annex B) was executed. Annex B reflects the CTM rating,
with no bonus, and no extension. You signed this contract on 27 April
2009. You are now alleging that per GENADMIN 1920092 MARO9 (which
should be 151726Z JANO9, the message in effect when you executed Annex
B) a change in ship date “cannot modify or change the bonus amount in
a contract.” The message actually states that “Page-13 entries cannot
modify or change the bonus amounts on an existing contract.” In this
connection, the Board substantially concurred with the comments
contained in the advisory opinion. Accordingly, your application has
been denied. The names and votes of the members of the panel will be
furnished upon request.
Docket No. 11628-10
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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