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NAVY | BCNR | CY2007 | 08083-07
Original file (08083-07.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 8083-07
6 Oct 08

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO

   

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) CNO memo 1160 Ser N130D2/08U0293 of 2 May 08
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to cancel a debt incurred by an erroneous payment.

2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 6 October
2008 and, pursuant to its regulations, determined that the corrective
action indicated below should be taken on the available evidence of
record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and
policies.

3. The Board, having reviewed all the facts of record pertaining 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. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner’s
application has commented to the effect that the request has merit and
warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and

especially in light of the contents of enclosure (2), the Board finds
the existence of an injustice warranting the following corrective
action.
Docket No. 8083-07
RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The $17,805.52 debt caused by an erroneous adjustment to his
pay account is cancelled. Petitioner reenlisted for a Selective
Reenlistment Bonus (SRB) on 3 May 2002 and his bonus was erroneously
computed beyond his 16°" year of service. This caused a bonus
recoupment action when he separated on 7 November 2006 (prior to the
completion of his reenlistment). Any monies that may have already been
collected on this debt should be reimbursed.

b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.

4. It is certified that quorum was present at the Board's review and
deliberations, and that the foregoing is a true complete record of the
Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 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 authority of reference
(a), has been approved by the Board on behalf of the Secretary of the

Navy.
\ds p
6 October 2008 “
W. DEAN PFELRF
Executive Di r

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