DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 3110-08
13 Apr 09
Dear ait:
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 13 April 2009. 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 opinions furnished by NPC memo 5420 PERS-832B of 28 Oct
08, and CNO memo 7220 Ser N130G/09U0272 of 3 Apr 09, copies of
which are attached.
After careful and conscientious consideration of the entire
record, 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 opinions.
In particular, the Board agreed with PERS 823 that no change was
warranted to your SPD code to entitle you to additional
separation pay. You should have been processed for discharge
under MILPERSMAN 1910.156 for Unsatisfactory Performance due to
loss of your security clearance. Although that did not occur,
even if had, your SPD code would not have authorized full
separation pay. The Board also agreed with CNO N130 that
recoupment of a prorated portion of your separation pay is
warranted. It is clear that, under the CSB program, personnel
who elect to receive the CSB bonus, and then fail to complete 20
years of service, are required to repay a percentage of CSB that
is equal to the percentage of service that they fail to
complete. You completed less than sixteen years of service.
Thus, there is no error or injustice in requiring you to repay a
pro-rata percentage of the CSB. Your application avers that you
have been required to repay all of the CSB, however, you have
not submitted documentation to substantiate this claim. If you
believe that the Defense Finance and Accounting Service (DFAS)
has recouped a greater portion of your CSB than they should
have, you must fist address that matter directly with DFAS (or
submit evidence to this Board that you have already addressed
the matter with DFAS). Accordingly, your application seeking aa
change to your SPD code, additional separation pay and waiver of
recoupment of a percentage of your CSB bonus 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.
. 7
Sincerely,
W. DEAN
Executive edtior
Enclosures
NAVY | BCNR | CY2008 | 05310-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 5310-08 14 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. 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 an erroneous...
NAVY | BCNR | CY2013 | NR5701 13
Jn your case, the Board agreed with the advisory opinions that, because you did not gain and maintain proficiency in the community and for the NEC that you received the bonus, in the Board’s view, recoupment of the unearned portion of the bonus was appropriate. After reviewing all the circumstances in your case, in the Board’s view, the decision to recoup the unearned portion of the bonus was just, and the half separation pay you received was properly awarded according the Separation...
ARMY | DRB | CY2005 | 20050011736
The applicant's spouse provides, on behalf of the applicant, a general power of attorney; a DD Form 2839 (Career Status Bonus (CSB) Election); a Request for Personnel Action; an email dated 1 June 2004; an NGB Form 22-5- 4-E (Addendum to DD Form 4) dated 6 June 2004; release from active duty orders dated 11 June 2004; reassignment orders dated 23 March 2001; the applicant's DA Form 2-1 (Personnel Qualification Record); the applicant's DD Form 214 (Certificate of Release or Discharge from...
AF | BCMR | CY2014 | BC 2014 02883
AFI 36-3207, Separating Commissioned Officers, states the Air Force normally requires recoupment of a portion of education assistance, special pay, or bonus money received when officers separate before completing the period of active duty they agreed to serve. Further, the Office of the Under Secretary of Defense (OUSD) Memorandum, dated 29 Nov 10, directs members with an SPD Code of FGQ (Intradepartmental Transfer) are required to repay the unearned portion of the bonus. THE BOARD...
NAVY | BCNR | CY2013 | NR3560 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 March 2014. In addition, the Board considered the advisory opinions furnished by CNO Memo 5400 Ser N133/463 of 17 Sep 13 and CNO Memo 5400 Ser N133/507 of 6 Nov 13, copies of which are attached and were previously furnished. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2007 | 07973-07
Documentary material of your application, together with thereof, your naval record and and policies. 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. He has requested that recoupment of his SRB be stopped.
NAVY | BCNR | CY2008 | 12342-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 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). The Board, consisting of Messrs. George, Pfeiffer, and...
NAVY | BCNR | CY2008 | 02395-08
DEPARTMENT OF THE NANY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 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). The Board, consisting of Messrs. Exnicios, George, and Zsalman, reviewed...
AF | BCMR | CY2006 | BC-2005-03541
DFAS-POCC/DE states the applicant was discharged with an SPD code of MND. The applicant asserts that he was told by his officers that he would not have to repay his SEB when he voluntarily submitted a request for separation under the LADSC Waiver Program. JAMES W. RUSSELL III Panel Chair AFBCMR BC-2005-03541 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552,...
AF | BCMR | CY2005 | BC-2005-02095
_________________________________________________________________ APPLICANT CONTENDS THAT: She previously filed a complaint with the Inspector General (IG) office at her base of assignment when she separated from the Air Force regarding the requirements for repayment of SRBs and has not received a response. Although the evidence indicates the policy was properly applied in her case, it appears she believes a class of Air Force personnel, i.e., those involuntarily separated for misconduct,...