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NAVY | BCNR | CY2007 | 11002-07
Original file (11002-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                 
         MEH
                           Docket No. 11002-07
                                                                                          19 May 08
         Dear

This is in reference to your application for correction of your 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 application on 19 May 2008. 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 the advisory opinion furnished by CNO memo 7220 Ser N130C3/08U0332 of 13 May 08, 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. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 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 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
 Enclosure






DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350~2000


 IN REPLY REFER TO

7220
Ser N130C3/08U0332
13 May 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref:     (a) SECNAVINST 1900.7G
End:     (1) BCNR Case File #11002-07 w/CD-Rom Service Record
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request that his SRB recoupment be waived upon his discharge on 01 Aug 03.
3.       A review of enclosure (1) revealed that the petitioner was voluntarily separated from active duty Separation (SPD) code “MCF”) on 01 Aug 03 IAN reference (a), members separated under SPD code, “MCF”, are required to have their Selective Reenlistment Bonuses (SRBs) recouped.
4.       N13OC recommends disapproval of petitioner’s request to have his SRB recoupment waived. Recommend the petitioner file a waiver of indebtedness with DFAS-DE.




Assistant, Pay and
Allowances Section (N13OC3)



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