DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370.510
0
~
S
MEH:ddj
Docket No:
27 November 2001
3597-01
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the
1Jnited 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 November 200
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
together with all material submitted in support thereof, your naval record and
your application,
applicable statutes, regulations and policies.
opinion furnished by
copy of which is attached.
In addition, the Board considered the advisory
13OC3/01 U 1332 of 29 October 2001,
. Your allegations of error and
1
n~emorandum 7220 Ser N
CNO
a
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, with the exception of the recommendation to send the case to Pers-814 for
consideration. Pers-8 14 has no cognizance over recoupment issues. Accordingly, your
application has been clenied. 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.
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
when
demonstrate the existence of probable material error or injustice.
(7 for a correction of an official naval record, the burden is on the applicant to
III this regard, it is important
applyin,
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE NAV
N
OFFICE OF THE CHIEF OF
NAVAL OPERATION
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350.200
0
Y
S
IN REPLY REFER TO
7220
Ser
29
Ott 2001
N130C3/01U1332
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref:
Encl:
(a) DFAS-HQ/FMM Memo of 11 Sep 1995
(b) DODMFR Vol.
7A, Chapter 35,
Dee 1994
(1) BCNR Case File
Record
#03597-01 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
2. Enclosure (1) indicates a request by the petitioner to have his
(personality
separation program designator (SPD) code of
disorder not a disability) changed to prevent collection of the
remaining installments of his Selective Reenlistment Bonus (SRB)
during his discharge from active duty on 7
Sep 00.
"JFX"
3. According to the petitioner's DD-214 he
discharged under SPD code of
disorder-not a disability".
effective November 1995 to require recoupment of all unearned
bonuses if the member was administratively discharged from the
Navy for personality disorder.
discharged involuntarily has no bearing on
of bonuses IAW reference (b).
"JFX" defined
Reference (a)
was administratively
as "personality
changed reference (b),
The fact that the petitioner was
the issue of recoupment
N130C recommends disapproval of the petitioner's request to
4.
stop collection, and the case be for
consideration.
Allowances
SLction
(N130C)
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