DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ;
WASHINGTON DC 20370-5100
MEH
Docket No. 12389-10
20 Jun 11
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 20 June
2011. Your allegations of error and injustice were reviewed in
accordance with administrative regulations 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 CNO memo 7220 Ser N1i30D2/1100505 of
13 Jun il, a copy of which is 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. The recoupment of the unearned
portion of the Selective Reenlistment Bonus (SRB} is based on failure
to meet physical standards, not the earlier removal of your NEC. You
were discharged with a Separation Program Designator (SPD) code of
“HFT,” and a narrative reason of “Physical Standards.” This requires
a recoupment of the unearned portion of your SRB. Accordingly, your
application hag been denied. The names and votes of the members of
the panel will be furnished upon request.
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 considexed by the Board. In this
regard, it is also important to keep in mind that a presumption of
regularity attaches to all official records.
Docket No. 12389-10
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,
Wear
W. DEAN PRETRE
Executive Dit
Enclosure
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