i
i
Dear SU |
This is in reference to your appl
record pursuant to the provision
A three-member panel of the Board
sitting in executive session, cor
November 2008. Your allegations
in accordance with administrative
applicable to the proceedings of
considered by the Board consiste
all material submitted in suppor
applicable statutes, regulations
considered the advisory opinion
of 25 Aug 08, a copy of which is.
D
After careful and conscientious ¢
the Board found that the evidence
establish the existence of probab
this connection, the Board substa
contained in the advisory opinion
been denied. The names and votes
furnished upon request.
It is regretted that the circumst
favorable action cannot be taken
reconsider its decision upon sub
or other matter not previously c
regard, it is also important to
regularity attaches to all offic
applying for a correction of an
on the applicant to demonstrate
error or injustice.
Bnclosure
DEPARTMENT oO
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
A for) Correction of
nsidered your appli
THE NAVY
H
cket No.
Nov 08
Do 7973-07
ication for correction of your naval
of 10 USC 1552.
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Naval Records,
Cation on 24
of error and injustice were reviewed
regulations and procedures
this) Board. Documentary material
of your application, together with
thereof, your naval record and
and policies. In addition, the Board
furnished by CNO memo 1160 Ser N130D2
attached.
onsideration of the entire record,
submitted was insufficient to
le material error or injustice. In
ntially concurred with the comments
Accordingly, your application has
of the members of the panel will be
ances of your case are such that
You are entitled to have the Board
ission of new and material evidence
neidired by the Board. In this
eep in mind that a)presumption of
al records. Consequently, when
fticial naval recotd, the burden is
he existence of probable material
Sincerely,
\y oon
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iW. DEAN PFET
Executive Dir
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DEPARTME| T OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 N ye eon
WASHINGTON, D.C. 20350-2000
1160
Ser N130D2/
25 August 2008
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1
From: MEMORANDUM FOR DIRECTOR, HOARD BOR CORRECTIONS OF NAVAL
, RECORDS |
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Subj: REQUEST. FOR ADVISORY OPINION Ico
Ref: (a) OPNAVINST 1160.8A, “Selective Reenlistment Bonus
(SRB) Program” |
(b) OPNAVINST 1900.4
(c) MILPERSMAN 1910-120 |
(d) PDUSD(P&R) Memorandum, eye aces of Unearned Portions of
Bonuses, Special Pay, and Educational Benefits or Stipend
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Encl: (1) BCNR Case No. 07973-07
1. According to documents received by N130D, former Q@0QREMEN has
been discharged from the Navy with the separation code HFV defined as
a “Condition not a Disability”. He has requested that recoupment of
his SRB be stopped. :
2. In accordance with reference (a), Navy does not recoup the
unearned portion of a bonus from members discharged for “condition not
a disability;” however, DOD Policy Memorandum, dated May 21, 2008
established modified DOD policy guidarice on Repayment of Unearned
Portions of Bonuses, Special Pay, and Educational Benefits or Stipend.
Based upon this memorandum, the Secretary of the Navy has the
discretion to render a case by case ddtermination of the member’s
repayment in cases of member separations that do not fall under
Chapter 61, such as this. N130D recommends disapproval of Qe
=a request that recoupment of His SRB be stopped. His HFV
separation code does not exempt him from recoupment of the unearned
portion of his SRB debt. N130D also recommends that DFAS review his
“contract and verify the recoupment amqunt. Former mgnieeiiiin | snot
entitled to receive any remaining SRB payments.
3. BCNR case file with CD service record is returned herewith as enclosure
(1).
-4. IT am the PoC for this case. Contact
michele.ewing@navy.mil for instructi
omm. 703-695-3128 or by email:
Michele R. Ewing
Assistant Enlisted Bonus
Programs Manager
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For Official Use Only — Privacy Sensitive — Any misuse or anauthorized disclosure may result in both civil and criminal
penalties.
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