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BOARL KOR GORRECTION OF NAVAL RECORDS
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JET
Docket No. NR7121-14
30 Sep 14
AIOE
This is in reference to your application for correction of your
naval record pursuant to the provisions of 19 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 September 2014. 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 OCNO memo 7220 Ser N130D2/1401046
of 11 Aug 14, @ COPY of which is atreached.
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 Advanced Technical Field Non-Rescue
Gwimmer (AIRC) School. Your enlistment guarantee (Annex A) did
not contain any promise or guarantee of an enlistment bonus. on
27 March 2008 you signed and executed an annex to your contract
(Annex A to DD Form 4 dated 27 March 2008), knowingly without
the incentive of an enlistment bonus.
Furthermore, your claim that “a Page 13 was constructed to
annotate that the enlistment contract was defective”, which does
not establish entitlement to the enlistment bonus. In your own
words you state “my recruiter and classifier at MEPS both failed
to make me aware of the bonus I was entitled to as per my rate
(AIRC), and time of entry.” Enlistment bonuses are not a
Docket No. NR7121-14
aA
benefit, and recruiters and classifiers and not required to te+
enlistees about the incentives if they can get enlistees to sign
up without having offered them the incentive to sign up. In
your case it was not offered and you voluntarily signed up
without the incentive of an enlistment bonus. Accordingly, your
application has been 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
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. 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,
ROBERT J. O’ NEILL
Executive Director
Enclosure: OCNO memo 7220 Ser N130D2/14U1046 of 11 Aug 14
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