DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 20370-5100
MEH:mh
Docket No: 7322-98
25 May 1999
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 25 May 1999. 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.
opinion furnished by BUPERS memorandum 5420 Ser
of which is attached.
In addition, the Board considered the advisory
N130D/065-99 of 20 April 1999, a copy
.
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 this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied.
the members of the panel will be furnished upon request.
The names and votes of
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 important
to keep in mind that a presumption of regularity attaches to all official records.
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.
Consequently,
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
I
DEPARTMENT
OF THE NAV
Y
OFFICE OF THE CHIEF OF NAVAL OPERATION
S
WASHINGTON. DC 20350-200
0
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR
NAVAL RECORDS
IN
REPLY
REFER
TO
542 0
Ser
20 APR 99
N130D/065-99
CORRECTION OF
Via:
Subj:
Ref:
Assistant for BCNR Matters (NPC-OOXCB)
TS AND R
EX-USN,
NS IN THE CASE OF
(a) DOD 7000.14-R,
(b) MILPERSMAN
(c) U.S. Code Title 37
(d) OPNAVINST
1160.6A
5308
Financial Management Regulation
Encl:
(1) BCNR File
#07322-98 with microfiche service record
The
folio
1.
Petty Officer
’
'des comments
etition.
and recommendations on former
2. Mr.
amount
discharge,
$3090.22.
equests repayment of
tive Reenlistment Bonus (SRB) recouped at his
$10,767.42, reportedly the
nstallment(s) of
and payment of the remai
N130D recommends deny Mr.
On 28 November 1997, then Petty Officer
'HCR', defined as weight control failed.
3.
discharged from the Navy with the
(SPD) code
(a) (section 090403, subparagraph
convenience of the government relating to overweight/obesity or
physical fitness is reason
Reference (b) states that determination of recoupment will be
made as directed by the Chief of Naval Personnel in cases of
administrative separations for the reason of convenience of the
government.
was honorably
Separation Program Designator
Reference
'n') states that discharge for
for recoupment of reenlistment bonus.
Petty Officer
In October
4.
1995.
failure, Navy processed him for administrative discharge for
reenlisted into the Navy on 02 March
ollowing his third consecutive PRT
to remain within weight control standards.
weight control problems began in 1996 when he failed his
Petty Officer
At that time he was enrolled into the command's
first PRT.
supervised remedial PRT education and training program; he also
received counseling and signed a notification that he understood
the consequences of failing to reach and maintain Navy health and
PRT standards.
Following the third consecutive PRT failure,
.
Subj:
TS AND R
EX-USN,
NS IN THE CASE OF
was honorably discharged for failing to meet
body fat) standards; with a reenlistment
Petty Officer
established w
classification code "RE-3T" (eligible to reenlis
disqualification due to obesity).
initiative to comply with physical readiness standards (a
voluntary action on his part) made him unfit for further Naval
service, and resulted in his discharge.
Petty Officer
for
lack of
The congressional intent of SRB is to encourage service
5.
members to reenlist in a critical specialty, and serve within
that specialty for the full period of reenlistment.
is paid in advance of actual service,
member who does not complete the term of enlistment for which
bonus was paid to refund the unearned (pro rata) portion of the
could not complete the terms of his
bonus.
contract for which bonus
(a) through (d) recoupment is required.
there are no extenuating circumstances that warrant waiver from
Department of Defense and Navy policy.
reference (c) requires a
Because Mr.
Because SRB
was paid,
in accordance with references
In this particular case,
BCNR case file with microfiche service record is returned
6.
herewith as enclosure (1).
Head, Enlisted Bonus
Programs Policy Section
.
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