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. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130G1/08U0750 of 7 Oct 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 an erroneous recoupment of the Career Status Bonus (CSB);
and to establish entitlement to full Separation Pay.
2. The Board, consisting of Messrs. Exnicios, George, and Pfeiffer,
reviewed Petitioner’s allegations of error and injustice on 14 October
2008 and, pursuant to its regulations, determined that the corrective
action indicated below should be taken regarding the recoupment of the
unearned portion of the Career Status Bonus. 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:
* With respect to the request for full separation pay, please be advised that
separation pay is governed by OPNAVINST 1900.4, which provides that persons
in your situation who are discharged for the convenience of the government
are entitled to “half” separation pay. In some special cases, the Secretary
of the Navy (SECNAV) may award full separation pay (vice half) to individuals
who have “extraordinary” circumstances. You must exhaust all administrative
measures before any action can be considered by the Board. Since you have
already been discharged, if you believe you meet the “extraordinary
circumstance’ test under OPNAVINST 1900.1, you may submit a written request
for "full” vice “half” separation pay to the Assistant Secretary of the Navy
(Manpower and Reserve Affairs) via the office of the Chief of Naval
Operations, Code N130, 2000 Navy Pentagon, Washington DC 20350-2000. You
should provide full justification as to why you believe you are entitled to
full separation pay and include a copy of this letter. Should you not obtain
the desired relief you may ask the Board to reopen your case.
Docket No. 5310-08
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 pertaining to recoupment of the unearned
portion of the Career Status Bonus warranting the following corrective
action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The recoupment of his Career Status Bonus (CSB) in the amount
of $24,516.68 was erroneous. Petitioner served 2 years, 8 months, and
2 days beyond his 15™ year anniversary and the amount recouped should
have been prorated. Accordingly, he is entitled to a refund of
approximately $10,516.68.
b. That so much of his request as exceeds the foregoing be
denied.
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.
bllbinn. A.A
ROBERT D. ZSALMAN WILLIAM J. HESS \JIII
Recorder Acting Recorder
Docket No. 5310-08
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.
lo
W. DEAN PFEIF
Executive Dir
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