DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, Suite 1001
ARLINGTON, VA 22204
JET
Docket No. NR 7595-14
16 Mar 15
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} OCNO memo 7220 Ser N130D2/14U1578 of 4 Dec 14
(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 establish that the debt he owes due to a recoupment of an
overpayment of Selective Reenlistment Bonus (SRB) and an early
Gischarge be reduced from $9,223.05 to $6,462.69.
2. The Board, consisting cf Qi es,
reviewed Petitioner's allegations of error and injustice on 16 March”
2015 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. NR 7595-14
RECOMMENDATION:
- That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner’s SRB recoupment debt of the unearned portion is
$6,462.69; it’s the difference between the amount of SRB Petitioner
received of $21,969.49 and the amount of the SRB he earned in the
amount of $15,506.80.
b. Petitioner was erroneously overcharged an’ additional amount
of $3,876.70, when the PSD tcok Petitioner’s earned amount of the SRB
“$15,506.80” and used it to aS a “new entitlement”, which it was not,
to calculate the last year of Petitioner’s 4-year contract that he did
not fulfill which was a mistake. DFAS is directed to remove this
erroneous $3,876.70 from Petitioner’s account.
¢. Petitioner is only responsible to pay the unearned portion of
the SRB in the balance of $6,462.69.
dad. 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 and complete record of
the Board's proceedings in the above e
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.
16 Mar 15
ROBERT J. O'NEILL
Executive Director
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