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NAVY | BCNR | CY2002 | 04038-02
Original file (04038-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                     WASHINGTON DC 20370-5100
                                                                                           JLP:ddj
                                                                                          Docket No: 4038-02
                                                                                          18 March 2003





Dear




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 18 March 2003. 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. In addition, the Board considered the advisory opinion furnished by CNO memorandum 5420 N13OD1/03U0180 of 6 March 2003, a copy of which is attached.

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 PFEJFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000

                           IN REPLY REFER TO
5420
N13OD1 /03U0180
 6 Mar 2003
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 Subj:    COMMENT AND RECOMMENDAT Q IN THE CASE OF

End:     (1) BCNR case file #04038-02 with microfiche service record
1.       The following provides comment and recommendation on petition.
2.       N130 recommends denial of XXX petition for Special Duty Assignment Pay (SDAP) retroactive payment.
3.       XXXX was ordered into and reported for duty at Naval Air Station, Meridian MS to fill a CMC-9580 billet on 22 November 2001. He states that he screened for the 9580 Navy Enlisted Classification (NEC) on Oct 2001, but the NEC was not awarded until January 2002 and requests favorable action that would allow retroactive SDAP from 22 November 2001 to 31 Dec 2001.
4.       SDAP may only be awarded to members filling an SDAP billet while holding the appropriate NEC. The date of an NEC is based on the date of the award, not the date of the screening board. As a XXXX result, is not entitled to retroactive SDAP. No further action is necessary.
6.       BCNR case file with microfiche service record is returned herewith as enclosure (1)



                  Head, Enlisted Bonus
 Programs Branch

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