DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5700
MEH
Docket No. 8884-09
14 Dec 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 0.S8.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130G/09U0844 of 18 Nov 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 Zsalman,
reviewed Petiticner’s allegations of error and injustice on 14
December 2009 and, pursuant to its regulations, determined that the
corrective action indicated below shovld 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. 8884-09
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 9 July 2003.
b. He was authorized payment of the $30,000 CSB in one lump sum
payment on 28 July 2009, 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
Petiticner’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.
beou 4 We
ROBERT D. ZSALMAN WILLIAM J. HES Til
Recorder Acting Recorder
Ss Pursuant tc the delegation of authority set out in Section 6(e)
of the revised Frocedures 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.
TN eee.
rw. DEAN EIFFER
Executive Director
14 December 2009
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