Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 06119-07
Original file (06119-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100


WJH
Docket No. 6119-07
17 December 07




This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application On 17 December 2007. 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. In addition, the Board considered an advisory opinion furnished by PSD Balboa letter 5400 Ser 00/049 of 14 September 2007 and the PSA West First Endorsement to that advisory opinion 5400 Ser N00/316 of 25 September 07 copies of which are attached. The Board also considered the decisions by the Defense Finance and Accounting Service (DFAS) and the Defense Office of Hearings and Appeals (DOHA) to deny your waiver request. Their decisions, which you already have, were announced by letter dated 25 May 2006 and 7 February 2007.

The Board gave full consideration to the evidence you submitted and points of view you expressed. in your application and supporting documents. However, after careful and conscientious consideration of the entire record, a majority of 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 provided in the advisory opinion and the rationale provided by the DFAS and DOHA in denying your waiver request. Accordingly,









Docket No. 6119-07




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 also 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



Enclosures

























                                             DEPARTMENT OF THE NAVY
                                             PERSONNEL SUPPORT ACTIVITY WEST
                                            
937 NORTH HARBOR DRIVE
                                             SAN D I EGO, CALIFORNIA 92132-0076






From:    Commanding Officer, Personnel Support Activity West
To:      Executive Director, Board for Correction of Naval Records

Subj:    REQUEST FOR ADVISORY OPINION ICO





1.       Forwarded, strongly concurring with PS D recornmendati on that me mber n e eds to sat isfy her financial obligation and repay this valid debt.












Copy to:
PERSUPP DET




















Similar Decisions

  • NAVY | BCNR | CY2005 | 10334-05

    Original file (10334-05.rtf) Auto-classification: Denied

    They agreed with the reasoning of the Claims Appeal Board that “in the absence of proof that (you) spent the erroneous per-diem payments for their intended purpose, waiver of the remaining $17,351.26 is not appropriate.” Thus they found no error or injustice in the action to recoup the $17,351.26 in erroneous per-diem payments.Accordingly, your application has been denied. The activation orders authorized per diem; however, the Marine Corps cannot be liable for the erroneous actions of its...

  • NAVY | BCNR | CY2013 | NR3560 13

    Original file (NR3560 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 March 2014. In addition, the Board considered the advisory opinions furnished by CNO Memo 5400 Ser N133/463 of 17 Sep 13 and CNO Memo 5400 Ser N133/507 of 6 Nov 13, copies of which are attached and were previously furnished. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2014 | NR0762 14

    Original file (NR0762 14.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted me support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CNO Memo 5400 Ser Ni33/53 of 27 Feb 14, your rebuttal dated 22 April 2014 to that advisory; and the second advisory opinion furnished by CNO Memo 5400 Ser N133/255 of 13 May 14, a copy of which was furnished to you for your...

  • NAVY | BCNR | CY2006 | 06277-07

    Original file (06277-07.rtf) Auto-classification: Denied

    6277-07 17 Dec 07This is in reference to your client’sapplication for correction of naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your client’s application on 17 December 2007. In addition, the Board considered the advisory Opinion furnished by NPC memo 1920 SER 834/026 of 28 Aug 07, a copy of which is attached.After careful and conscientious consideration of the entire...

  • NAVY | BCNR | CY2009 | 11582-09

    Original file (11582-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 03248-07

    Original file (03248-07.rtf) Auto-classification: Denied

    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. In addition, the Board considered the advisory opinion furnished by NPC Memo 1160 Ser 811/285 dtd 1 Jun 2007, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence...

  • NAVY | BCNR | CY2007 | 01601-07

    Original file (01601-07.rtf) Auto-classification: Denied

    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. In addition, the Board considered the advisory opinions furnished by NSTC memo 1533 0D4 of 20 Dec 07 and NPC memo 1920 Ser 834/012 of 21 Feb 08, copies of which are attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was...

  • NAVY | BCNR | CY2007 | 10181-07

    Original file (10181-07.rtf) Auto-classification: Denied

    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. In addition, the Board considered the advisory opinion furnished by NPC Memo 1160 Ser 811/093 dtd 23 Jan 08, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence...

  • NAVY | BCNR | CY2007 | 10796-07

    Original file (10796-07.rtf) Auto-classification: Denied

    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. In addition, the Board considered the advisory opinion furnished by NPC Memo 1160 Ser 811/335 dtd 28 Apr 08, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence...

  • NAVY | BCNR | CY2006 | 09111-07

    Original file (09111-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by NPC memo 1780 PERS-352G of 26 Nov 07, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Reference (c) offered the Montgomery GI Bill (MGIB) Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of...