DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 9866-07
24 Nov 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 1160 Ser N130D3/U0758 of 14 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 waive recoupment of the unearned portion of his Selective
Reenlistment Bonus (SRB); and to backdate advancement to paygrade E-5.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 24
November 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. 9866-07
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. He is entitled to SRB payments received from 22 July 2003
(date of reenlistment) to 22 June 2007 (date of discharge). Any
monies that may have already been recouped should be returned.
b. Petitioner’s request to have his advancement to paygrade E-5
backdated to 22 July 2003 was denied due to lack of evidence to
substantiate entitlement to the advarcement.
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.
‘ we
ROBERT D. ZSALMAN | WILLIAM J. HESS, I
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 723.6(e)) and having assured
compliance with its provisions, it ig hereby announced that the
foregoing corrective action, taken under the authority of reference
(a), has been approved by the Board gn behalf of the Secretary of the
Navy.
24 November 2008 4 \
W. DEAN PFEIBRE
Executive Diredc¢t
N
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