DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					2 NAVY ANNEX
                                  WASHINGTON DC 20370-5100

MEH
Docket No. 10924-06
17 Apr 07

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 17 April 07. 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 CNO memo 7220 N13OD1/Ser 07U0226 of 12 Mar 07, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. There is no Annex “B” to DD Form 4 in your service record and you did not provide a copy with your petition. 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.

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.

Enclosure

		   DEPARTMENT OF THE NAVY
		OFFICE OF THE CHIEF OF NAVAL OPERATIONS
		        2000 NAVY PENTAGON
		     WASHINGTON, D.C. 20350-2000

7220
N13 OD1/07u0226
12 Mar 07

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	REQUEST FOR ADVISORY OPINION IN THE CASE

End:	(1) BCNR case file #10924-06 with CD service record

1.	N130 recommends disapproval of ~.      ~4,~iJMJVEuE petition for an Enlistment Bonus for College Credit (EBCC).

2.	entered the DEP on 14 October 2005 under the Machinist Mate program guarantee with no guarantee of EBCC. In 	his petition,	quests a payment of EBCC.

3.	The purpose of the EBCC program is to increase the number of enlistments of personnel with prior college level education. This program is not an entitlement and is subject to annual
budget constraints.  EBCC is guaranteed only at the discreticon of recruiters and classifiers and is not offered to every
recruit.

4.	Member states that he believes that he is “entitled to the because it is in my original contract and not on my Annex.” However, the enlistment document (DD Form 4) is the official document used to identify enlistment guarantees and a review of s annex A to DD Form 4 (no other annex found in enclosure (1)) shows no EBCC guarantee. signed this annex acknowledging that only those agreements in paragraph 1. He was not guaranteed any EBCC, as documented by the annex, and is therefore not eligible to receive payment.

5.	BCNR case file with CD service record is returned herewith as enclosure (1).

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