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NAVY | BCNR | CY2006 | 03815-06
Original file (03815-06.rtf) Auto-classification: Denied
                  DEPARTMENT OFTHE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100

MEH
 Docket No. 3815-06
17 Apr 07


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 17 April 07. 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 memo 5420 Ser N1330D/000209 of 27 Mar 07, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 also 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.

















         DEPARTMENT OF THE NAVY
         CHIEF OF NAVAL PERSONNEL
         WASHINGTON, D.C. 20370-5000    

                  IN REPLY REFER TO
          /5420
          Ser N133D/
         
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
 RECORDS
Via:     Assistant for BCNR Matters (PERS-OOXCB)
Subj:

 Ref:     (a) OPNAVINST 7220.15
End:     (1) Docket Number 03815-06
1.       Forwarded, recommending disapproval.
2. On 26 Nov 2002        transferred to shore duty at NMC CWD DT PLOMA. Members CONSUBPAY stopped upon transfer for not meeting the requirements of Ref(a). Per Ref(a), in order to maintain his CONSUBPAY eligibility with no gap in pay, he needed to extend/reenlist prior to his transfer to obtain the required obligated service (OBLISERV) of 14 months past his new Projected Rotation Date (PRD). Member then voluntarily left shore duty for sea d u ty on USS PORTSMOUTH whereupon he began receiving CONSUBPAY on 8 Apr 2004.
3. is requesting back CONSUBPAY from Nov 2002 to Apr

4. Recommend that Chief  request to be paid back CONSUBPAY for the period requested be disapproved. There was no administrative error in this case. went to shore duty with a PRD of 1 Nov 2005. His EAOS at that time was 9 Apr 2004 this did not meet the OBLISERV requirements of Ref(a). He is not entitled to CONSUBPAY during the requested period.

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