DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490  

Docket No. 4955-20

Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 13 July 2021.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Office of the Chief of Naval Operations memorandum 5400 Ser N133D/431 of 19 November 2020  and your response to the opinion. 
 
You requested reinstatement of your Navy Enlisted Classification (NEC), the removal of Selective Reenlistment Bonus (SRB) debt and retroactive SRB payment for the amount recouped since April 2020.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that Chief of Naval Operations Instruction (OPNAVINST) 1160.B indicates receipt of payment after having a qualifying SRB rating or NEC removed is an erroneous payment and will be recouped.  Additionally, in accordance with OPNAVINST 1220.1E, OPNAV (N133) is the cognizant authority on reinstatement of NEC codes and rely heavily on the chain of command and performance from date of removal to adjudicate requests.  A review of your record reflects that your appeal was granted to overturn your non-judicial punishment charges on 10 April 2020; however,  Commander Submarine Force, Pacific Fleet recommended disapproval of your NEC restoration and OPNAV (N133) disapproved the request on 20 April 2020.  Because of the decision to uphold the removal of your NEC, you are required to repay the unearned portion of the bonus.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  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, 

8/19/2021
Deputy Director