DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 7689-20
 
 
 
 
 
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 3 August 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 7220 Ser N130/20U1792 of 8 December 2020 and your response to the opinion. 
 
On 5 September 2012, you arrived to USS Pearl Harbor (LSD 52) for duty.  On 2 June 2016, you were transferred.  On 14 September 2020, Branch Head, Military Pay and Compensation Policy (N130) notified you that your entitlement to the sea duty incentive Pay (SDIP) Program awarded for your SDIP-Extension (SDIP-E) on 1 October 2015 was terminated effective 2 June 2016 due to your being placed on limited duty (LIMDU) and no longer serving in an SDIP-E authorized billet.  However, upon application by you, the Secretary of the Navy or his designee has the discretion to make a determination that repayment of the unearned bonus will not be required because repayment would be contrary to a personnel policy or management objective, against equity and good conscience, or contrary to the best interests of the United States.  If applicable, you may submit the request for remission of debt through your servicing pay office.  
 
You requested Sea Duty Incentive Debt for $7,700 be terminated due to LIMDU and medical conditions being out of your control; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Sailors who fail to complete the full period of additional sea duty service as required by their SDIP agreement will be required to repay the percentage of the SDIP lump-sum payment representing the unexecuted portion of their required service.  Situations requiring recoupment include, but are not limited to removal from the SDIP assignment for cause, including medical conditions and misconduct.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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, 

9/14/2021
Deputy Director