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NAVY | BCNR | CY2003 | 01372-03
Original file (01372-03.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100       
                                                                                 JLP:ecb
         Docket No: 1372-03
29 July 2003


From: Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

         Subj:

         Ref:     (a) Title 10 U.S.C. 1552
        
End:     (1) DD Form 149 w/attachments
(2)      Series of documents
(3)      Subject’s naval record

1. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show that his four (4) year MULTI-YEAR SPECIAL PAY (MSP) contract dated 12 June 1999 be reinstated -
2. The Board, consisting of Messrs. Chapman, Milner, and Brezna, reviewed Petitioner’s allegations of error and injustice on 1 July 2003 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.

3. The Board, having reviewed all the facts of record pertaining 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.



CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.



Docket No: 1372-03

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that his two (2) year MSP contract effective 7 July 2002 be made null and void and further corrected to show that his original four (4) year MSP contract dated 12 June 1999 be reinstated. Petitioner is aware that all monies received from the 7 July 2002 MSP contract will be recouped and that this action will cause an overpayment which must be repaid.

a.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4.       Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was present at the Board’s 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        G. L. ADAMS
Recorder         Acting Recorder

5.       Pursuant to the delegation of authority set out in Section 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.


29 July 2003
         W. DEAN PFEIFFER
         Executive Director

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