DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
TRG
Docket No: 10250-02
13 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 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 11 April 1996 with a guarantee for
training in the Nuclear Power Program and a potential
reenlistment bonus. You successfully completed the program and,
on 22 July 1997, you reported to the USS NEVADA (SSBN 733)(BLUE).
On 1 September 1998 you reenlisted in the Navy for six years and
received a selective reenlistment bonus (SRB) of $17,988.33.
Subsequently, you made several deployments aboard the NEVADA.
You were transferred on 12 September 2000.
On 16 April 2001 you requested designation as a conscientious
objector. On 10 July 2001 an investigating officer (10)
recommended your classification as a conscientious objector and
noted that you were willing to serve in a noncombatant status to
fulfill your commitment to the Navy. The I0 suggested that one
possibility for a noncombatant assignment was a submarine tender,
as long as you never had to be part of a security team or a gun
mount team. After review, it was determined that you were a
conscientious objector. In connection with this review, you
continued to request retention in the Navy.
On 13 November 2001 the detailer reviewed your file and
recommended that you be discharged because there were no
noncombatant assignments in your rating. Accordingly, on 13
November 2001, the discharge authority disapproved your request
for retention in a noncombatant status but directed an honorable
discharge by reason of "conscientious objectorn. The discharge
directive also stated that recoupment of the unearned portion of
the reenlistment bonus and all other indebtedness was required.
You were honorably discharged on 29 November 2001. The payment
for your lump sum leave was retained to offset your indebtedness.
In January 2002, the Defense Finance and Accounting Service
(DFAS) informed you that you were indebted in the amount of
$7,816.78. 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 request for retention was favorably
endorsed by the chain of command. You believe that the direction
for discharge was contrary to regulations and the requirement to
repay the indebtedness is unjust.
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.
It is clear from the regulations that the Navy Personnel Command
was authorized to direct retention or discharge in cases
involving conscientious objectors. It is also clear that you
were aware of the applicable regulatory provisions concerning
conscientious objectors. Since there were no noncombatant
billets for a nuclear trained petty officer, the Board concluded
that your discharge was proper and a change in the reason for
that discharge is not warranted. Further, there is no basis in
the record to support a discharge by reason of hardship or
physical disability. Since the amount you owe was proper when it
was paid there is no basis 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 noted
that the amount you are indebted is very minor 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,
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