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NAVY | BCNR | CY2006 | 05593-06
Original file (05593-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5130

                           MEH
                                                                                          Docket No. 5593-06
                                                                                         
14 Aug 07




This is in reference to your application for correction of your naval record pursuant to the provisions of AM USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2007. 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 NPC memo 5730 PERS 4011 of 26 Jul 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.

Sincerely,






Enclosure







DEPARTMENT or THE NAVY
BUREAU OF NAVAL PERSONNEL.
5720 INTEGRITY DRIVE
                                                      M ILLING TON TN 38055.0000



                                             5730
                                                                                                   PERS - 4011
                                                                                                   26 Jul 07



MEMORANDUN FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:     Assistant for BCNR Matters (PERS-OOZCE)

Subj:    RE ~ FOR ADVISORY OPINION IN THE CASE OF
        
         Ref:     (a)      BCNR Memo of 28 Jun 07
                  (b)      NAVADMIN 084/05

End:     (1) BCNR File 05593-06

1. Per reference (a) the following recommendation and comments are forwarded concerning. request for remission of debt incurred by erroneous authorization and payment of Special Duty Assignment Pay.

2. erroneously authorized Special Duty Assignment Pay as an Area Classifier/HQ Classifier. The authorization wa s submitted to the Personnel Support Detachment by Commanding Officer, Naval Air Reserve NAS Atlanta, GA.

3.       Area or Headquarters Classifier Special Duty Assignment Pay is reserved for those Full Time Support billets that support recruiting efforts at Recruiting Area Detachment or the former Commander, Naval Reserve Recruiting Headquarters. J1f was assigned as the NAR Atlanta Classifier and while she served as the only classifier in the area she did not serve as a Recruiting Area classifier.

4.       A remission or waiver of the debt is outside the purview and the authority of Navy Personnel Command , PERS 4011, Enlisted Community Management. And since was not and is not currently serving in a Classifier Billet that supports a Navy Recruiting District or Detachment SDAP for N~C 2612 is not
authorized.






5.       Point of contact for this matter is PSCM(AW/SW) . -, at DSN 882-2974, commercial (90a2 874-2974.




Head Enlisted Community Manager

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