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NAVY | BCNR | CY1999 | Document scanned on Fri Jan 26 13_54_43 CST 2001
E PARTMENT OF THE NA VY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

MEH:ddj
Docket No: 3425-99
5 October 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 5 October 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 CNO memorandum 5420 SER N13OD/159-99 of 9 September 1999, a copy
of which is attached.

In addition, the Board considered the advisory

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 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 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. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY

OFFICE OF THE CHIEF OF NAVAL OPERATIONS

WASHINGTON.

DC 20350-2000

N REPLY REFER TO

5420
Ser N13OD/159—99
9 Sep 99

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

Via:

Assistant

for BCNR Matters

(NPC—OOZCB)

NAVAL RECORDS

Subj:

COMMENTS AND RECOMMENDATION IN THE CASE OF?~~~~M

End:

(1) BCNR File #03425-99 with microfiche

service

record

The following
1.
Robles’ petition.

provides

comment and recommendation on Mr.

This office

concurs with the recoupment decision rendered by

2.
the Defense Finance and Accounting Service — Denver (DPAS-DE)
Voluntary separation with Separation Program Designator (SPD)
Code “KCC” (Reduction in Force) is reason for recoupment of the
unearned portion of Selective Reenlistment Bonus (SRB), and this
is the normal procedure.
~
change from “KCC”, however, review of his service record does not
If
reflect any change.
request he furnish that
case.

as different information,
i n for further review of his

in his petition reports that his SPD code was

o

Finally, ~~‘j~S11 reports that the detailer waived the SRB
However, detailers are not empowered to

4.
recoupment requirement.
waiver, or offer to waiver, recoupment requirements.
authority rests with the Chief of Naval Personnel in cases of
voluntary separations, and the DFAS—DE recoupment action in this
case is in concurrence with Navy policy.

This

BCNR case file with microfiche service record is returned

5.
herewith as enclosure (1)

SEAN G. NEILAN
Head, Enlisted Bonus

Programs Policy Section



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