Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2020.  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/023 of 27 January 2020; a copy of which was previously provided to you for comment. 
 
On 4 July 2013, you reenlisted for 5 years, and received a zone “B” selective reenlistment bonus for NEC 3356.  On 12 February 2018, you were subject to non-judicial punishment (NJP) for violation of article 92.  On 16 February 2018, you submitted an appeal of  NJP to Commander, Naval Sea Systems Command.  On 11 April 2018, Commander, Navy Region Mid-Atlantic determined that the punishment imposed was neither unjust nor disproportionate to the offense you were found to have committed.  Therefore, your appeal was denied.  Furthermore, your NEC was removed based on your Commanding Officers’s recommendation and recoupment was required ($4,623.42).  On 3 July 2018, you were discharged after completing your required active service. 
 
You requested that your debt with Defense Finance and Accounting Service (DFAS) be removed; 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 in accordance with OPNAVINST 1160.8A, situations requiring recoupment include, but are not limited to, the following: Loses qualification in the bonus skill (i-e., removal of NEC or rating designator).  The Board also concluded that your NEC was removed 3 months prior to your separation, therefore creating a debt.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
   
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 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,