DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
30 September 1999
3532-99
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
1rfJJ~ F
Ref:
(a) Title 10 U.S.C. 1552
End:
(1) DD Form 149 w/áttachInents
(2) NPC Memo 5420 Pers 911 of 30 Aug 99
(3) Subject’s naval record
1.
Pursuant to the provisions of reference (a), Petitioner, a
retired Naval Reserve CDR (0-5), filed enclosure (1) with this
Board requesting that that he be paid for drills performed on 29-
30 December 1993.
The Board, consisting of Mr. Tew, Mr. Pfeiffer and Mr.
2.
Pauling, reviewed Petitioner’s allegations of error and injustice
on 28 September 1999 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, naval records, and
applicable statutes, regulations and policies.
The Board, having reviewed all the facts of record pertaining
3.
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.
c.
Enclosure (1) was filed in a timely manner.
The advisory opinion at enclosure (2) states that
He missed the regularly scheduled
Petitioner was authorized 12 paid drills during the period 1
October to 31 December 1993.
drills of 4-5 December 1993 but instead drilled on 29-30 December
1993.
The 4-5 December drills were erroneously entered as
authorized absences, which means they counted towards the
completion of the 12 drill limitation and could not be made up.
Thus, the 29-30 December drills were in excess of the authorized
12 drills.
Subsequently,
he was paid for the 29-30 December drills, but was not informed
of the error until 1999 when the Defense Finance and Accounting
Center (DFAS) informed him he was overpaid $626.38.
opinion recommends that the record be corrected to establish
Petitioner’s entitlement to the drill pay.
Petitioner retired on 1 January 1994.
The advisory
CONCLUSION:
The Board notes that hç was unaware that the 4-5
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner’s request warrants favorable
action.
December drills could not be male up and performed the 29-30
December drills in good faith with the expectation of being paid.
Therefore, the Board agrees with the recommendation contained in
the advisory opinion and concludes that the record should be
corrected to show that his absences from the regularly scheduled
drill on 4-5 December were excused vice authorized absences and
the excused drills were made up on 29-30 December 1993.
RECOMMENDATION:
a.
That Petitioner’s naval record be corrected to show that his
absence from the regularly scheduled drills on 4-5 December 1993
were excused vice authorized absences and the excused drills were
made up on 29-30 December 1993.
That this Report of Proceedings be filed in Petitioner’s
b.
naval record.
It is certified that a quorum was present at the Board’s
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board’s proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
E. GOLDSMI
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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.
W
Executive
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