DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8852-18 
Ref:  Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 January 2020.  The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Headquartes, U.S. Marine Corps memorandum 5420 MMEA of 13 August 2019; a copy of which was previously provided to you for comment. 
  
You requested to receive a Fiscal Year 2009 (FY09) Zone “C” Selective Reenlistment Bonus (SRB).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you did not meet the eligibility criteria for an FY09 Zone “C” SRB in accordance with Marine Administrative (MARADMIN) message 370/08.  Specifically, your 28 May 2009 reenlistment request was denied because your end of current contract date of 30 July 2010 exceeded the 1-year submission requirement when a Marine is not in receipt of permanent change of station orders (PCS). Subsequently, MARADMIN 305/09 was published suspending FY09 SRB funding for the remainder of the fiscal year effective 8 June 2009 and you were not in receipt of PCS orders until 2 September 2009, thereby rendering you ineligible for the requested SRB.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  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, 

4/10/2020