Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 03742-06
Original file (03742-06.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 2O37O-510O



 SRB
 Docket No. 3742-06
 3 May 06





This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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 BUt4ED letter 7220 Ser Ml/O5UMl-50l8 of 10 January 2006, 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 PFEIFFER
                                                                        Executive Director



Enclosure
        
DEPARTMENT OF THE NAVY
BUREAU OF MEDICINE AND SURGERY
2300 E STREET NW
WASHINGTON DC 20372-5300 IN REPLY REFER TO
          7220
         Ser Ml/O5UM1-5018
                   JAN 10 2OO6                                                                                                From: Chief, Bureau of Medicine and Surgery     
To:      Board for Correction of Naval Records
Subj:    ADVISORY OPINIONS ICO COMMANDER


Ref:     (a) CHIEF BUMED ltr 7220 Ser 132/05-3347 dtd 11 Mar 05
 (b)      SECNAVINST 7220.75C
(c)      NAVADMIN 266/03
Fuel:    (1) BC NR File Doe No: 5013-05 ICO

1.       Enclosure (I) is returned recommending disapproval
2. The previous recommendation contained in reference (a) regarding request for back payment of Multi-year Special Pay (MSP) was based on the rules outlined in references (b) and (c). Prior to October 1, 2003 Commanding Officers were authorized to approve both Additional Special Pay (ASP) and Incentive Special Pay (ISP) at the local command level per reference (b). Reference (c) rescinded that authority and required all Medical Department Special Pay requests to be submitted to Chief, BUMED for approval. Reference (L) also authorized approval of retroactive requests for ASP and ISP, but the requests were required to be submitted to Chief, BUMED with justification explaining what caused the delay and the delay could not be the fault of the member. Since, it was apparent there was a lack of know ledge of the Medical Special Pays program at the command level, per reference (b), a retroacti\ e approval could be made for ASP, ISP and BCP.
3.       There is no provision in reference (b) for retroactive approval of (MSP). The purpose of the MSP is a retention tool to allow the Navy to provide compensation as an incentive to retain members in selected specialties as needed. The payment of MSP is based on the number of years the member agrees to remain on active duty. As such the absence of retroactive approval within reference (b) is specifically for this kind of situation. Although has provided a statement from a supervisor stating she intended to remain in the Navy for as long as the Navy would have her, the fact that the statement is after the fact cannot be used as evidence in retroactive approval for MSP.
         

4.      Your point of contact is who may be reached at DSN 762-3357, FAX 202-762-3367, DSN 762-3367, or E-Mail
        
         By direction

Similar Decisions

  • NAVY | BCNR | CY1999 | 03291-98

    Original file (03291-98.pdf) Auto-classification: Denied

    Documentarymaterial 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 of which is attached. 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.

  • NAVY | BCNR | CY1999 | 00981-98

    Original file (00981-98.pdf) Auto-classification: Denied

    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 copy of which is attached. 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.

  • NAVY | BCNR | CY1999 | 05592-98

    Original file (05592-98.pdf) Auto-classification: Denied

    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 527/99-4076 of 22 February 1999, a copy of which is attached. 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...

  • NAVY | BCNR | CY2003 | 05100-03

    Original file (05100-03.pdf) Auto-classification: Denied

    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. 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...

  • NAVY | BCNR | CY2013 | NR2857-13

    Original file (NR2857-13.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to retroactive Board Certified Pay (BCP) in the amount of $30,000, | and Additional Special Pay in the amount of $60,000 from 1996 to 2003. The Board, consisting of Messrs. Pfeiffer, Zsalman and Exnicios reviewed Petitioner’s allegations of error and injustice on 11 October 2013 and, pursuant to its...

  • NAVY | BCNR | CY2013 | NR9315 13

    Original file (NR9315 13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 §. Pursuant to the provisions of reference (a) Petitioner filed ‘enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to retroactive Incentive Special Pay (ISP) and Medical Additional Special Pay (ASP) from ey -: 2. The Board, consisting of Messrs. Zsalman, George and Ruskin reviewed Petitioner’s allegations of error and injustice on 10 March 2014 and,...

  • NAVY | BCNR | CY2010 | 08329-10

    Original file (08329-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 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 establish entitlement to retroactive Incentive Special Pay (ISP), and Additional Special Pay (ASP). The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed...

  • NAVY | BCNR | CY2013 | NR4999-13

    Original file (NR4999-13.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to retroactive Medical Incentive Special Pay (ISP) from 1 October 2010 through 30 September 2011 in the amount of $20,000 for an Internal Medicine Physician. The Board, consisting of Messrs. Pfeiffer, Zsalman and George reviewed Petitioner’s allegations of error and injustice on 16 September 2013 and,...

  • NAVY | BCNR | CY2013 | NR7179 13

    Original file (NR7179 13.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to retroactive Medical Incentive Special Pay (ISP) from 1 October 2010 through 30 September 2011 in the amount of 520,000 as a Medical Physician. 2, The Board, consisting of Messrs. Pfeiffer, Zsalman and George reviewed Petitioner’s allegations of error and injustice on 16 December 2013 and, pursuant to its...

  • NAVY | BCNR | CY2011 | 00659-11

    Original file (00659-11.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH Docket No. 659-11 14 Mar 11 From: Chairman, Board for Correction of Naval Records TEs Secretary of the Navy Subj: REVIEW OF NAVAL RECORD TCO Ref: (a) Title 10 U.8.C. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 14 March 2011 and, pursuant to its regulations, determined that the corrective action indicated below...