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

MEH
Docket No. 10506-06
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 07U0227 of 12 Mar 07, a copy of each 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. 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 pane’l 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.

Sincerely,

W.DEANPFEIFFER
Executive Director

Enclosure

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

7220
N13 OD1 /07U0227
12 Mar 07

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	REQUEST FOR ADVISORY OPINION IN THE CASE OF NM3

End:	(1) BCNR case file #10506-06 with CD service record

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

2.   entered the DEP on 29 June 2005 and ultimately contracted for EB under the Nuclear Field program with no guarantee of EBCC before shipping to active duty on 25 April 2006. In her petition, denial requests a payment of EBCC.

3.	Member states that she had completed 53 units of college courses prior to her enlistment and provides college transcripts as documentation. However, although 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 therefore only guaranteed at the discretion of recruiters and classifiers and is not offered to every recruit.

4.	Further, the enlistment document (DD Form 4) is the official document used to identify enlistment guarantees and a review of annexes A and B to DD Form 4 show no EBCC guarantee. NM3 signed the annexes, acknowledging that only those agreements in paragraph 1 were made to her. She 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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