DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JLP: ddj
Docket No: 734-01
13 March 2001

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 13 March 2001. 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, your naval record and
applicable statutes, regulations and policies.
opinion furnished by CNP memorandum 5420 SER 
which is attached.

In addition, the Board considered the advisory

N133C/08000 of 

6 March 2001, a copy of

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.

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 and material
evidence or other matter not previously 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,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY

CHIEF OF NAVAL PERSONNEL
WASHINGTON, D.C.

20370-  5000

 

IN REPLY REFER TO

5420
Ser 
6 March 2001

N133C/08000

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters PERS-OOZCB

HE CASE OF

Ref:

Encl:

(1) SECNAVINST 7220.803 of 2 November 1999

(1) Docket Number 07334-01
(2) Excerpt from SECNAVINST 
(3) Excerpt from SECNAVINST 7220.81) dtd 14 August 1996

7220.8C  dtd 6 September 1990

1.
Sub
reg
time he was assigned to Submarine School.

was assigned as a student to Naval
Enclosure (1) is a
o June 1996.
paid OPSUBPAY for the period of

Summary.

Reco

Prior to this change,

supply officers were not

The Secretary

"while receiving training

Reference (a) was modified on 14 August 1996 to

"undergoing training preliminary to assignment to a

2.
allow officers to receive OPSUBPAY if they were (among other
things)
nuclear powered submarine" or
instruction to prepare for assignment to a nuclear powered
submarine."
eligible for OPSUBPAY until arrival on the boat."
of the Navy approved no grand-fathering provision with this
policy change.
of this policy change.
Recommendation. 
3.
response to indicate tha
OPSUBPAY for the period o
reason specified in paragraph  (2) above.

Enclosures (2) and (3) are provided as evidence

sure (1) be closed with a
was not entitled to
gh June 1996, citing the

SECNAVINST  
6 

Sepleniber 

1990

7220.8OC

e. Requests for PRD extensions from
sonnel receiving CONSUBPAY in
dn-submarine  duty assignments will be
approved only if the member ’s Expiration of
Active Obligated Service (EAOS) provides at
least 14 months of obligated service beyond the
revised PRD. A PRD extension
if additional obligated service is incurred, by
reenlistment or extension, to provide the
minimum obligated service of 14 months beyond
the revised PRD.

w be granted

 

5. Operational Submarine Duty Incentive Pay
(OPSUBPAY). OPSUBPAY is   payable to active
duty naval service officers and enlisted personnel
when assigned to and serving in a submarine
when CONSUBPAY eligibility criteria, paragraph
4,  ‘are not met (see enclosure (2)). Midshipmen
are not authorized to receive OPSUBPAY.

 

-----r

~
v l d m

.,
temporarily or.  
permanently assigned to a submarine continue
OPSUBPAY entitlement while ordered TAD to

permanently. Personnel

: u~

_.-.  

._.,  

,~ 

‘ler commands.

a. OPSUBPAY when attached for duty
(ACC 100) to a submarine command staff:
OPSUBPAY is payable on a month-to-month
basis to individuals qualified in submarines while
attached for duty (ACC 100) to submarine
command staffs (enclosure (8)) provide&that
. 
. d. The term
qualified in submarines is defined as those officer
and enlisted personnel who have been designated
qualified in submarines per the Naval Military
Personnel Manual (NAVPERS 15560).
&IL

ireme

. 

 

.

(including reporting and detaching months). For
personnel, other than those reporting from a
Submarine Command Staff to another Submarine
Command Staff, an initial grace period begins
with the first month in which underway
requirements are not met after reporting.

 
’

c
a

 
or 
ive

-

OPSUBPAY will be paid for a grace period only
if the requirements of paragraph 5b are met. For
individuals not qualified in submarines and who
are serving on submarine command staffs,
OPSUBPAY may be paid on a day-for-day
basis. To satisfy ride time requirements for a
given period, an individual must have underway
time as follows:

(1)  During one calendar month: 48

hours, except that any hours served underway as
a member of a submarine command staff during
any of the immediately preceding five calendar
months and not already used to qualify for
OPSUBPAY may be applied to satisfy the
underway time requirements for the current
month;

(2) During any two consecutive calendar
 
5a( 1) above

months when the requirements of
have not been met: 96 hours; or

(3) During any three consecutive
calendar months when the requirements of
or 

5a(2) above have not been met: 144 hours.

 
5a(l)

b. OPSUBPAY when assigned to special test

and evaluation details: OPSUBPAY is payable
on a day-to-day basis to individuals serving on
special test and evaluation details whose duties
require serving in a submarine. Special test and
evaluation details include any active duty naval
service officers or enlisted personnel assigned
TAD to a submarine. TAD orders and their
endorsements will be used to determine the
number of days the individual is entitled to
OPSUBPAY (see enclosure (14)).

c . Time counting toward ride time

requirements.

,

r-- ‘
/ counts as ride time. Ride time is the number of

(1) Only time underway on a submarine

undereurs and minutes taken  
ship’s deck  

fEm the
loznd entered &enclosure (9).

totalled at the end of each calendar month,

\, The hours and minutes entered in enclosure (9)
t. are  
‘i rounded down to the last whole hour and
1 entered in enclosure (10).
L ..

 
_

_.. 
,. 
.__

t
3

8

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14Augmst1996

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(2).  

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(3). 

tbc

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