DEPARTMENT OF THE NAVY
BOAR,, FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
13 May 2002
3148-02
Chairman, Board for Correction of Naval Records
Secretary of the Navy
ORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
commissioned officer in the Naval Reserve filed enclosure (1)
with this Board requesting that his record be corrected by
changing the narrative reason for separation and Separation
Program Designator (SPD) assigned at the time of his discharge
from enlisted status.
The Board, consisting of Mr. Lippolis, Mr. Dunn and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 7 May 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes,
Documentary material considered by
regulations and policies.
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Enclosure (1) was filed in a timely manner.
C .
He was then paid in an initial installment of
Petitioner reenlisted in the Navy on 14 June 1996 for
six years and was paid a selective reenlistment bonus (SRB) of
$7,364.80.
$3,682.40 and additional installments of $736.48. He was
honorably discharged on 23 April 2001 for the purpose of being
commissioned an ensign in the Naval Reserve.
had completed 10 years,
Petitioner was commissioned an ensign on 24 April 2001 and is now
a student at the Naval School of Health Science.
3 months and 8 days of active duty.
At that time, he
The DD Form 214 issued on 23 April 2002 to reflect his
change of status, states that he was released from active duty
d.
with a narrative reason for release of
Transfer" with an SPD code of
code.
"MGQ, and an
"Intradepartmental
RE-Rl reenlistment
e.
Petitioner has submitted evidence that the Defense
Finance and Accounting Service (DFAS) is attempting to collect
$1,572.70 of the unearned portion of his SRB, which occurred
because of his early discharge from enlisted status.
the narrative reason for discharge and SPD code assigned requires
collection.
Apparently,
f.
Petitioner contends that the narrative reason for
"accept commission or warrant in same
separation should have been
branch of service" with an SPD code of
that with this narrative reason,
portion of the SRB would not be required.
to the record is supported by the Commanding Officer, Naval
School of Health Sciences.
Management Regulations state that a reenlistment bonus will not
be recouped if an individual is discharged to accept a
commission.
Department of Defense, Financial
recoupment of the unearned
The requested change
He has been told
"KGM".
CONCLUSION:
The Board notes that Petitioner was discharged to accept
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
a commission, and the DD Form 214 does not reflect this fact.
Since it was clearly improper to require recoupment of the SRB,
the Board concludes that Petitioner's DD Form 214 should be
corrected to show that he was honorably discharged on 23 April
2001 with an SPD code of KGM (block
2 (block
commission or warrant in same branch of service" (block 28).
27), and a narrative reason for separation of "accept
26), reenlistment code of
RE-
The Board further concludes that this Report of
should be filed in Petitioner's enlisted record
future reviewers will understand the reason for
the record.
Proceedings
so that all
the changes
in
RECOMMENDATION:
That Petitioner's naval record be correcting blocks 26,
a.
and 28 of the DD Form 214 issued on 23 April 2001 to read
WIRE-2
11
, and "accept commission or warrant in same branch of
service", respectively, vice the SPD, reenlistment code and
narrative reason now of record.
27
"KGM",
b.
That this
naval record.
Report of Proceedings be filed in Petitioner's
2
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
,
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
-W.
DEAN%'EIFFER
Executive Director
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