DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP:ddj
Docket No: 4544-02
29 October 2002
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
considered your application on 29 October 2002.
reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board.
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by CNO memorandum (undated), a copy of which is attached.
Qocumentary material considered by the Board consisted of your
In addition, the Board considered the advisory
Your allegations of error and injustice were
sessic
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 ii
the advisory opinion. Accordingly, your application has been denied. The names and votes
the members of the panel will be furnished upon request.
01
It is regretted that the circumstances of your case are such that favorable action cannot be take.
You are entitled to have the Board reconsider its decision upon submission of new and materia
evidence or other matter not previously considered by the Board. In this regard, it is
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.
importzu
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
OFFICE OF THE CHIEF OF NAVAL OPERATION
DEPARTMENT OF THE
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-2000
NAV Y
S
N
IN REPLY
REFER TO
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj: COMMENT AND RECOMMENDATION IN THE CASE OF CAPTAIN
Encls: 1.
2.
3.
BCNR case file # 04544-02
CNO
CNO
NAVADMIN
211009ZOCT98 FY99 Aviation Continuation Pay (ACP) NAVADMIN
051441ZNOV99 FYOO Aviation Career Continuation Pay (ACCP)
4. CNO
5. CNO
072322ZJULOO FYOO ACCP Modification NAVADMIN
022158ZOCTOO
FYOl ACCP NAVADMIN
1. The following provides comment and recommendation as pertaining to the subject
member, who is requesting to receive ACCP for the period June 1999 to December
2000, per enclosure 1.
2. Chief of Naval Operations, Naval Administrative (NAVADMIN) messages,
enclosures 2-5 are used to announce all annual
and/or modifications. ACCP eligibility requirements change annually as the program
is modified to meet fleet retention targets. All naval aviators desiring ACCP are
required to follow these applicable ACCP messages, and apply as instructed in order
to be eligible to receive ACCP.
ACPIACCP eligibility requirements
IC AOE 8. According to official
s requesting to be awarded an ACCP contract for the period of his
3. Captain
tour as t
anding Officer of U
Bureau of Personnel records, Captain
ARCTIC from July 1999 to February
ACP contract for the period July 19
applied to YG87 and junior. Captai
to July 2000, he also was ineligible for an ACCP contract, because the
only available to aviators below the grade of Captain (O-6). Captain
promoted to O-6 September 1, 1999. In July 2000, the ACCP requirements were
specifically modified to include Captains (0-6s) at Sea. These ACCP modifications
were continued in the follow-on
ACCP requirements, Captain
contract for a seven-month period from July 2000 to Feb 2001.
mmanding Officer of USS
was ineligible for any
ber 1999, because the program only
s YG 78. For the period October 1999
my would only have been eligible for an ACCP
FYOl ACCP program as well. Based on these
4. To receive ACCP, all naval officers must be eligible and apply
CNO’s messages. There is no record of Captai
delineated in the
applying during this period. The Navy cannot and does not award ACCP contracts to
members who fail to apply for ACCP. Precedence in this matter has been set in
previous cases by members who have requested and been denied ACCP back-dated
contracts, because they failed to apply.
5.
was given incorrect information (source unknown) that he
ble dipping,” the fact remains that Captain Erdossy was
that' time. Additionally, each ACCP NAVADMIN directs
Althou
wasn’t
not eligible for ACCP at
aviators to contact the Aviation Officer Community Manager (OCM), N13
questi
Capta
January of 2002, Captain
his ACCP eligibility.
As
73), Captain,
(CVN
is now on an ACCP contract.
1V for any
is matter would have been easily resolved had
CM on this or subsequent NAVADMINS. In
y did contact the OCM and was properly advised of
anding Officer of the USS George Washington
6.
In accordance with the AC
by previous cases, Captain
in the previous three ACCP NAVADMINS, and subsequent lack of an ACCP
aunlication. denial of the member’s request is recommended.
ility requirements at the time, the precedence set
s non-compliance with the guidelines as directed
Di&tor, Officer Plans and Policy Branch
::
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