DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 203704100
MEH: ddj
Docket No: 1396-00
27 June2000
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 27 June 2000.
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
which is attached.
In addition, the Board considered the advisory
Your allegations of error and injustice
N130D/OU0329 of 14 June 2000, a copy of
After careful and conscientious consideration
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
the advisory opinion. Accordingly, your application has been denied.
the members of the panel will be furnished upon request.
In this connection, the Board substantially concurred with the comments contained in
of,the entire record, the Board found that the
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. 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
Sincerely,
W. DEAN PFEIFFER
Executive Director
t-
DEPARTMENT OF THE
OFFICE OF THE CHIEF OF NAVAL OPERATION
N
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-200
NAV Y
S
0
IN REPLY REFER TO
5420
Ser
14 June 2000
N130D/
OuO329
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
via:
Assistant for BCNR Matters (Pers-OOZCB)
Ref:
(a) DODINST 1304.22
Encl:
(1) BCNR File
#01396-00 with microfiche service record
The following
p.rovides comment and recommendation on former
1.
Petty Officer
that the 24-month extension of enlistment signed to guarantee
entry into the Advance Electronics Field (AEF) and early
advancement to pay grade E-4 be removed from her record on the
grounds the extension became superfluous when she later
reenlisted.
Petty Officer
petition.
requests
2.
N130 recommends deny MS.
request.
Petty Officer
initial enlistment into the Navy was
ay she signed an agreement and
3.
on 1 June 1987.
statement of understanding that by electing training in the
Advance Electronics Field
accelerated advancement to pay grade E-4 she was obligating
service for four years plus twenty four months (a six year
obligation).
execution (signing of the agreement
it could not be canceled.
was 31 May 1993.
Further, the 24-month extension became binding upon
- 1 June 1987) and thereafter
(AEF)/Technical Field (ATF) program and
Her end of obligated service (EAOS)
re-enlisted for six
On 30 May 1991, Petty Officer
4.
$14,007.60.
years with a Selective Reenlistment Bonus (SRB) of
Petty
This bonus was for four of her six-year re-enlistment.
Officer Francis received the bonus in a standard payment scheme
of half
on the re-enlistment date with five equal amount annual
Her SRB was not for the full six-year
installments thereafter.
re-enlistment term because of the 24-months remaining to her
initial enlistment.
contractual service agreement'
from using the period of any existing contractual service
That 24-months is classified as 'existing
and reference (a) prevents members
Subj:
COMMENT AND RECOMMENDATION IN THE CASE OF FORMER ET3
.USN,
agreement for SRB comput
about) 29 May 1997. MS.
this information.
Her new EAOS was then (on or
petition correctly confirms
m
Because SRB
On 18 October 1996,
Petty Officer-was separated fro
5.
the Navy based on weight control failure; member failed to meet
the Navy's established weight (body fat) standards.
is paid to members for being available and working in a critical
military skill, members who do not complete the term of service
return the unearned
for which a bonus is paid are required to
When Petty Officer
portion of the bonus.
the Navy she was a little over seven months short of completing
d
her obligated term of service.
1,218 days of the expected 1,440 days service, and for which the
$11,848.10 and owes
bonus of
-$2,159.51, minus an adjustment for final pay earned at
separation plus any charges for interest, penalty and
administrative fees based on the Debt Collection Act of 1982 and
the Deficit Reduction Acts of 1984.
$14,007.60 was paid.
Petty Officer-arne
She earned
separated from
Based on my review,
6.
Accounting Service, Denver Center,
the letter by Defense Finance and
of 6 October 1999 to MS.
Based on my reading of the
ects correct.
incorrectly assumed her SRB was based on a
six-year term of service rather than the correct four years.
Incorrectly assuming six-years
approximate seven months remaining to EAOS, one could estimate
the debt to about $700.
and then subtracting the
BCNR case file with microfiche service record is returned
7.
herewith as enclosure (1).
Head, Enlisted Bonus
Programs Policy Section
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