D E P A R T M E N T O F T H E NAVY
B O A R D FOR C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JLP:ecb
Docket No: 5 100-03
15 October 2003
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 15 October 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 BUMED letter 7220 Ser 132103-3701 dated 14 August 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. Accurclingly, your ayyli~ation has b u n derlid. The n m c s 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,
Executive Direc
7
Enclosure
DEPARTMENT OF THE NAVY
BUREAU OF MEDICINE AND SURGERY
2300 E STREET NW
WASHINGTON DC 20372-5300
7220
- Ser 132/03-3701
14 Aug 03
Chief, Bureau of Medicine and Surgery
Board for Correction of Naval Records
From :
To :
Subj: ADVISORY OPINIONS ICO 0
_1___.
(1) BCNR File ICO LT -
ia) SECNAVINST 7220.75~
(b) SECNAVINST 64Ol.2A
Ref:
Encl :
(2) Commonwealth of Virginia Medical License, Issue Date
15 August 2002 ICO 10
(3) Naval Environmental Health Center ltr 7220 Ser
~ ~ / 0 1 2 9 5 3 of 26 December 2001
1. Enclosure (1) is returned recommending disapproval.
2. As per reference (a), to be eligible for Additional Special
Pay (ASP) the member must possess a valid gtate license or an
approved waiver. Although the copy of the license in her
application deleted the date of issuance of her license,
enclosure (2), a copy of her Commonwealth of Virginia medical
license indica 1 es it was not issued until August 15, 2002.
A check with that licensure agency revealed that this was the
initial issuance. Thus she did not have a valid license in 2001
and was not eligible for the special pay and was paid
erroneously.
A review off
record indicates she
3 .
graduated from her medical training in 1998, completed her
internship in 1999 and completed her residency in May 2001.
Because she was in a training status from 1998-2001, under the
provisions of reference (a) the first opportunity for her to
apply for special pay would have been in 2001, if she has either
a license or a waiver in accordance with reference (b). It is
noted that in 2001, under the provisions of this instruction,
waivers are allowable only for the first year after internship,
if the member was not in a residency program and if the member
was in an operational billet. The Department of Defense (Health
Affairs) has since issued directives that these waivers of
licensure may no longer be issued by the services but must be
approved at their higher level. However
was
more than.one year out of her internship and not in an
operational billet therefore she was not entitled to a waiver nor
was she entitled to this special pay.
4. It is unknown why her Commanding Officer approved her
request in May 2001, however it is clear she was not entitled to
this pay and when this error was discovered upon her transfer to
the Naval Environmental Health Center, the appropriate action was
taken for recoupment. The Defense Finance and Accounting
Service, Cleveland, placed the debt on member's account per
request from the Bureau of Medicine and Surgery, Special Pays
Department, 4 January 2002.
the overpayment and r e c o u p m e 4 s u r e (3) .
was informed of
5 . Your point of contact is Ms.
at 202-762-3397, DSN 762-3397, F-19,
E - M a l ~ . m e d . n a v y . m i l .
who may be reached
DSN 762-0919, or ,
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