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NAVY | BCNR | CY2007 | 10638-07
Original file (10638-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 MEH
 Docket No. 10638-07
10 Mar 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
         
         En cl :    (1)      DD Form 149 w/attachments
                  (2)      CNO memo 7220 Ser N13OG1/08u0l20 of 3 Mar 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 show timely election of the REDUX Retired Pay Plan with a lump sum payment of the Career Status Bonus (CSB)
2.       The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 10 March 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. 10638-07
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       Petitioner elected the REDUX Retired Pay plan, with the $30,000 lump sum payment of the CSB, on 18 August 2007.
b.       He was authorized payment of the $30,000 CSB in one lump sum payment on 8 September 2007, the anniversary date of his 15th year of active duty. The payment of the CSB is tax-free if petitioner was assigned to a tax-free zone during any part of the month he became entitled to the payment.
c.       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, II
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 72 3.6(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.



10 March 2008
 W. DEAN P FEI FFER
 Executive Director










2

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