Docket No.  8738-19 
Ref:Signature date

 
 
  
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 25 August 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, as well as applicable statutes, regulations, and policies.   
 
On 16 August 1978, you enlisted in the U.S. Naval Reserve for 6 years.  On 2 September 1978, you entered active duty and issued orders to report to Commander, Naval Education and Training Center, for OCS class convening 2 September 1978.  On 21 December 1978, you were discharged.  On 22 December 1978, you were commissioned as an Ensign in the active U.S. Naval Reserve.  On 31 January 1984, you were honorably released from active duty due to your request for extension of active duty being denied.  Furthermore, you received $15,061.68 for separation pay.  On 17 May 1996, you received retirement order and transfer authorization to retired reserve status/notification of eligibility for retired pay at age 60 and elections available under the Reserve Component Survivor Benefit Plan (RCSBP) effective 1 May 1996.  On 9 July 2014, upon reaching age 60, you began to receive retirement pay. 
 
You requested cancellation of debt incurred by separation pay by the Department of the Navy, as well as instruction to the Defense Finance Accounting Services to cease all debt recoupment efforts; 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 recoupment of your severance pay is required.  Title 10, section 1174 states that a member who has received separation pay under this section, or separation pay, severance pay, or readjustment pay under any other provision of law, based on service in the armed forces, and who later qualifies for retired or retainer pay under this title or title 14 shall have deducted from each payment of such retired or retainer pay an amount, in such schedule of monthly installments as the Secretary of Defense shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member's dependents, until the total amount deducted is equal to the total amount of separation pay, severance pay, and readjustment pay so paid. 
    
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,