DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR7220-14
16 Mar 15
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 16 March
2015. 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 CNRC memo 1133 Ser N3 of 8 December
2014, 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. In
making this determination, tHe Board concurred with the comments
contained in the advisory opinion. In reviewing your application, the
Board noted your statement “I did not want the college option.”
However, the Board noted that you initialed and signed Annex B to the
DD Form 4 contract, accepting the Education Allowance for 36 months
and which supersedes Annex A. You also initialed and signed a DD Form
2863, Election of Options form acknowledging that you were accepting
the “Education Allowance for thirty-six (36) months”. The Board
further took into consideration that the Enlisted Bonus (EB) message
“1914322 JUN 07” in effect at the time you entered the Delayed Entry
Program (DEP}, stated “National Call to Service (NCS) and New
Accession Training (NAT) (formerly known as the “Non-Prior Service
Basic” or “NPSB" Program): Sailors entering the NCS and NAT programs
are not eligible for EB.” The EB previously added to your Annex A was
erroneously added to your contract. Accordingly, your application has
been denied. The names and votes of the members of the panel will he
furnished upon request. .
Docket No. NR7220-14
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
Enclosures: 1. CNRC memo 1133 Ser N3 of 8 Dec 14
2. NAVCRUIT 1133/52 (REV. 11-06), Annex B to DD Form_1L1SEP07
3. DD Form 2863, OCT 2003: initialed, signed, dated 20070911
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