DEPARTMENT OF THE NANY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 2395-08
1 Jun 09
From: Chairman, Board for Correction of Navai Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) CNO memo 1160 Ser N130D/09U00337 of 22 Apr 09
(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 applicabie naval record be corrected
to show a waiver of the recoupment of the unearned portion of her
Selective Reenlistment Bonus (SRB).
2. The Board, consisting of Messrs. Exnicios, George, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 1 June
2009 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. 2395-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. She is entitled to SRB payments received from 3 August 2005
(date of reenlistment) to 22 December 2006 (date of discharge). Any —
such payments that may have already been recouped should be returned
.to Petitioner. She is not entitled to any SRB payments that would
have occurred after 22 December 2006.
b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It igs 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. 4SALMAN , WIDLIAM J. wd
Recorder Acting Recorder
Ba Pursuant te 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.
1 June 2009
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