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NAVY | BCNR | CY2001 | 01900-01
Original file (01900-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

MEH:ddj
Docket No: 1900-01
30 October 2001

This is in reference to  
provisions of title 10 of the

your application for correction of your naval record pursuant to the

IJnited States Code, section 

1552.

30 October 2001. Your allegations of error and injustice

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on  
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 N  
which is attached.

In addition, the Board considered the advisory

I2 October 2001, a copy of

130D2/0 1 

II 1296 of 

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  
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.

substantiall-y concurred with the comments   contained in

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  
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
ofticial naval record, the burden is on the applicant to
when applying for a correction of an  
demonstrate the existence of probable material error or injustice.

upon submission of new and material
In this regard, it is important

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS

2000 NAVY PENTAGON

WASHINGTON. O.C. 20350-2000

IN REPLY REFER TO
5420
N130D2/  
12 

Ott 2001

OlU1296

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

(a) DFAS-HQ/FMM Memo of 11 Sep  1995
(b) 

DOD Financial Management Regulation (Vol. 7A)

Encl:

(1) BCNR case  

file, 

#01900-01 with microfiche service record

and recommendation on

Recommend that

2.
recoupment of unearned bonuses, be denied

request for halting of the

\

requests that recoupment of the unearned portion
lted because he claims he was involuntarily
According to
the Navy for a medical condition.
D-214, he was administratively discharged under
(SPD) code of JFX defined as
rogram designator
- not a disability". Reference (a) changed
"personality disorder  
reference (b), effective November 1995 to require recoupment of
all unearned bonuses if the member was administratively
discharged from the Navy for personality disorder.

The fact that

4.
has no bearing on the issue of recoupment of bonuses.
regulations, reference (b), an administrative discharge for
personality disorder is specified as a reason for recoupment of
the unearned portion of bonuses.

was discharged, involuntarily,
Under 

DOD

BCNR case file with microfiche service record is returned

5.
herewith as enclosure (1).

Program Analyst
Enlisted Bonu

Programs Branc

s

,

h



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