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NAVY | BCNR | CY2002 | 09696-02
Original file (09696-02.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100

                                                                                           TRG
                                                                                          Docket No: 9696-02
                                                                                          20 August 2003







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 6 August 2003. 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.

After the board 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.

You enlisted in the Navy on 26 March 1996 with a guarantee for training in the Nuclear Program and a potential reenlistment bonus. You successfully completed the program and, on 29 June 1998, you reported aboard the USS THEODORE ROOSEVELT (CVN 71). On 26 August 1998, you reenlisted in the Navy for six years and received a selective reenlistment bonus.

Subsequently, you began having episodes of enuresis and were seen by the ship’s doctor and specialists at the local naval hospital. Since no cure was forthcoming, you requested discharge stating, in part, as follows:

...      A problem like mine is not only hard to deal with under my living conditions but is also embarrassing. You see, I live in “close quarters” with about 160 people and waking up three times a week with wet sheets and blankets isn’t a very easy thing to hide. Recently I find that most nights I cannot sleep and when I do, I wake up afraid that someone has seen what I have done.

On 25 June 1999 the commanding officer approved the request for discharge and informed you that the Navy would institute action to recoup the unearned portion of the reenlistment bonus. You were honorably discharged on 28 July 1999.

In May 2000, the Defense Finance and Accounting Service (DFAS) informed you that you were indebted in the amount of $16,947.58. You were given the opportunity to pay this amount in installments.





You contend in your application that repayment of the debt is not warranted because your enuresis was caused by conditions on board your ship which prevented you from getting adequate sleep. Therefore, your discharge should be considered to be involuntary so that recoupment of the indebtedness is not required.

Concerning recoupment of reenlistment bonuses, the law states that unless an individual is discharged by reason of hardship or disability, the unearned portion of the reenlistment bonus must be repaid. The law does not allow for the waiver of an indebtedness if the payment which led to the indebtedness was proper when paid. The law also allows the Secretary of the Navy or a designee, to remit or cancel any part of an enlisted member’s indebtedness which remains unpaid before, or at the time of an enlisted member’s honorable discharge.

Enuresis is not considered to be a physical disability, but is a bar to service in the Navy. Since the reenlistment bonus was proper when paid, and you do not have a physical disability or a hardship, there is no basis in the law for a waiver of the indebtedness.

Concerning a possible remission of the indebtedness, the Board noted that the Navy fulfilled its part of the bargain by providing you with an excellent technical education and paying you a reenlistment bonus in exchange for additional service. Although your failure to complete your part of the bargain was unfortunate, the Board did not believe that the circumstances warranted remission of the indebtedness. The Board also believed that the amount of your indebtedness is not excessive when weighed against the training you received.

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










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