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

Docket No. 7240-17
APR 30 2019

From:  	Chairman, Board for Correction of Naval Records
To:    	Secretary of the Navy

Subj:	REVIEW OF NAVAL RECORD 

Ref:  	(a) Title 10 U.S.C. §1552
Encl:  	(1) DD Form 149 w/attachments
       	(2) OCNO ltr 5400 Ser N133D/181 of 4 Apr 18
       	(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 discontinue recoupment of Selective Reenlistment Bonus (SRB) entitlements and return all monies recouped, and to have disqualification paperwork from reflect “physical disqualification of nuclear and submarine duty” vice “psychological disqualification of nuclear and submarine duty”.
                                             
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 30 November 2018 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, relevant portions of Petitions 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.  On 16 January 2014, Petitioner was reclassified into the Nuclear Field Program with an Enlistment Bonus for Source Rating (EBSR) of $11,000.  On 19 August 2014, Petitioner entered active duty.  On 14 July 2016, Bureau of Medicine and Surgery (BUMED) sent a letter to Navy Personnel Command (PERS 403) stating, “the subject member DOES NOT meet the established physical standards for Submarine and Nuclear Field Duty due to a history of incapacitating migraine headaches.”  The letter also stated that a waiver of physical standards for Submarine Duty and Nuclear Field Duty “IS NOT” recommended.  PERS 403 signed off stating that Waivers/Not Granted for the Submarine Duty or Nuclear Field.  On 10 January 2018, the Physical Evaluation Board (PEB) convened and found Petitioner Unfit and recommend Petitioner “To Be Placed on the Temporary Disability Retired List.”  On 27 April 2018, Petitioner transferred to the Temporary Disability Retired List by reason of Disability, Temporary with a Separation Code of SFK.  The Board found no evidence of psychological disqualification, only of physical disqualification for migraine headaches based on BUMED’s letter of 14 July 2016 to PERS 403.  Therefore, the Board concluded Petitioner record regarding his disqualification from a was correct and no change was warranted to Petitioner’s disqualification record.  Despite this finding, the Board concluded an injustice exists with regard to the Navy’s decision to recoup SRB payments resulting from his disqualification.  They determined that Petitioner was disqualified for medical reasons due to no fault of his own and should not be required to repay SRB payments received prior to retirement from the Navy.

RECOMMENDATION

That Petitioner’s naval record be corrected, where appropriate, to show that:

Petitioner is entitled to all SRB payments received prior to his placement on the Temporary Disability Retirement List (TDRL) on 27 April 2018.  Any portion(s) of such payments that may have already been recouped should be returned to Petitioner.  When separation program designator code SFK (Disability, Temporary) is assigned, past payments stand and further payments are halted.  

Note:  The part of Petitioner’s request for corrective action that exceeds the foregoing is denied.  

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 entitled matter.

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.
	
	
Executive Director