DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 10458-08
10 November 2009
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
9 November 2009. Your allegations of error and injustice were
reviewed in accordance with administrative reguiations 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 CNP ltr 1430 1530 Ser
N133D/ dtd 26 Feb 09, and Under Secretary of Defense Memorandum of 21
May 2008 (SECDEF memo), 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 opinion and the policies and procedures
Stated in the SECDEF memo. Your application seeks the payment of the
unpaid portion of your Enlisted Supervisor Retention Program Bonus.
The Board noted that you were retired for disability, that was not
incurred in a combat zone or the result of a combat related operation,
In accordance with the SECDEF memo, in such circumstances, repayment
of the unearned portion of the ESRP Bonus which has already been paid
will not be sought. However, there is no entitlement to the unpaid
portion of the bonus which has not yet been paid or earned. The Board
found that withholding the unpaid portion was in keeping with the
policy expressed in the SECDEF memo, was not against equity or good
conscience and was not contrary to the best interest of the United
States. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Docket No. 10458-08
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 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,
Wo ae
W. DEAN PREIMRE
Executive Di xr
-Enclosures~
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