DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 12495-08
27 Jul 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF N ECOR
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130G/0900544 of 14 Jul 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 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).
2. The Board, consisting of Messrs. George, Pfeiffer, and Z4salman,
reviewed Petitioner's allegations of error and injustice on 27 July
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. 12495-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. He elected the REDUX Retired Pay plan, with the $30,000 lump
sum payment of the CSB, on LL March 2008.
b. He was authorized payment of the $30,000 CSB in one lump sum
payment on 23 March 2008, the anniversary date of his 15th year of
active duty. The payment of the CSB is tax-free if petitioner was
assigned to a tax-free zone during any part of the month he became
entitled to the payment.
.C. A copy of this Report of Proceedings will be filed in
Petitioner’ Ss 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.
(lle AE
ROBERT D, Z2SALMAN WILLIAM J. HESS,
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 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.
27 July 2009
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