DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 10269-09
7 gia 10
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 N130D/10U0398 of 3 May 10
(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 that his discharge be upgraded to
Honorable.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 7 June
2010 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. 10269-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. He is entitled to retain all SRB payments made prior to his
discharge of 5 July 2007. If any portion of the bonus money paid
prior to 5 July 2007 has already been recouped it should be returned
to Petitioner.
b. He is not entitled to receive any remaining SRB payments due
after 5 July 2007.
c. That so much of Petitioner’s request for relief as exceeds
the foregoing be denied. NOTE: Petitioner should submit his request
to change the characterization of his discharge from “General (Under
Honorable Conditions) to “Honorable” directly to the Naval Discharge
Review Board (NDRB), who can be reached at 202 685-6601.
d. 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.
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Bi. 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.
Feua_wW. DEAN PFEIFFER
Executive Director
7 June 2010
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