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NAVY | BCNR | CY2007 | 02282-07
Original file (02282-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 MEH
 Docket No. 2282-07
27 May 08
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD ICO
Ref:     (a) Title 10 U.S.C. 1552
         
         En cl :    (1)      DD Form 149 w/attachments
                  (2)      CNO memo 1160 Ser N130D2/O8U030l of 7 Mar 08
                  (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 establish entitlement to retroactive Special Duty Assignment Pay
 (SDAP)
2.       The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 27 May 2008 and, pursuant to its regulation~, 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.
b.       In correspondence attached as enclosure (2) , the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.
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. 2282-07
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       He is entitled to 5DAP at the SD-2-l50 rate for NEC 9580, retroactive to 30 January 2006, while assigned to as the


b.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        WILLIA M J. HESS, III
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 72 3.6(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.



27 May 2008
          W. DEAN PFE IFFER
 Executive Director















2

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