DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 9142-07
SEP 29 2008
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
Encl: (1) DD Form 149 w/attachments
(2) NPC memo 1811 PERG-822 of 11 Sep 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 show Petitioner was transferred to the Retired List in paygrade
0-4.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on
29 September 2008 and, pursuant to its regulations, 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 corrective action based on
the following.
Petitioner received a Spot Promotion to pay grade 0-4 (Lieutenant
Commander) in April 1996. He retired in pay grade 0-4 on
Docket No. 9142-07
1 October 1998. His retired pay was erroneously computed based on the
retired pay of an 0-3 (Lieutenant) vice 0-4 (Lieutenant Commander)
commencing 1 October 1998. In approximately May 2007, the Defense
Finance and Accounting Service administratively corrected his retired
record from 0-3 (Lieutenant) to 0-4 (Lieutenant Commander) and paid
him the additional retired pay due for the six prior years (due
to the Barring Act). However, the payment was not retroactive to
1 October 1998. In general, the Board was of the opinion that ina
case where the Petitioner was actually retired in the higher pay grade
that he should receive the back pay in the higher pay grade. The
Board carefully considered DFAS’s interpretation and application of
the six year limitation on claims against the government. However,
rather than mechanically applying the limitation, the Board concludes
that the six year limitation is intended to protect the government
from being burdened with the obligation to keep records which would be
required to adjudicate claims beyond a six year period. Here, the
Board concludes, the records still exist which show that the
Petitioner's retired pay should have been based on the rank of 0-4.
After a careful review of all the evidence, the Board unanimously
concludes that the record should be changed to show that Petitioner
made a timely claim for his retirement pay to be computed based on pay
grade 0-4.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. On 1 October 1998 the Petitioner submitted a letter to the
Naval Personnel Command requesting that his retirement pay be based on
paygrade “0-4” vice “0-3”. On 1 October 1998, NPC PERS 822 approved
the request and submitted the documents to DFAS-Cleveland showing the
Petitioner's retirement pay would be based on pay grade “0-4” vice
“0-3" effective 1 October 1998.
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 WILLIAM J. HESS, VIII :
Recorder Acting Recorder
Docket No. 9142-07
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 723.6(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.
29 September 2008 Lt
W. DEAN PFE
Executive Di
NAVY | BCNR | CY2007 | 08237-07
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 the Navy Personnel Command dated 23 October 2007 with enclosure, 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...
NAVY | BCNR | CY2007 | 10071-07
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. Petitioner contacted Retired Operations Section (N-152), enclosure (2), requesting clarification on retired status. Per enclosure (4) advancement on the retired list to the grade of CWO2 would result in a loss of pay.
NAVY | BCNR | CY2004 | 00351-04
In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in the naval record of the subject. The Regulations approved by the Secretary of the Navy, require that the naval record of subject to be corrected, where appropriate, in accordance with the approved recommendation of the Board as contained in enclosure (1). Copy to: DFAS w/o enclosures CNP w/o enclosures
NAVY | BCNR | CY2002 | 06730-01
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. Enclosure (1) shows member served four years of active enlisted service from 1 June 1993 to 31 May 1997, Reserves until he joined the Air Force Reserves on 17 August 1998. a nator: Date of Report: 10/24/01 33 Statement of...
NAVY | BCNR | CY2009 | 01445-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 20 April 2009 with enclosure, 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 injustite.
NAVY | BCNR | CY2003 | 00832-03
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 show his retirement on 30 June 1990 was in the grade of chief warrant officer 4 (CWO4), vice chief warrant officer 3 (CW03). (2), the Board finds the existence of an injustice RECOMMENDATION: a. y and allowances ‘DEPARTMENT OF THE NAVY BUREAU OF NAVAL PERSONNEL 5720 INTEGRITY DRIVE MILLINGTON...
NAVY | BCNR | CY2005 | 07416-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 May 2006. In addition, the Board considered the advisory opinions furnished by the Bureau of Medicine and Surgery dated 7 October 2005 and the Navy Personnel Command dated 14 November 2005 with enclosure, copies of which are attached. Reference (a) request comments and recommendations in subject member’s case.
NAVY | BCNR | CY2007 | 09759-07
In addition, the member must affiliate with a Navy Reserve unit within twelve months from their release from active duty date and must submit an advancement determination request within six months of affiliation, (enclosure (2)).d. They reason that the BUPERS Instruction clearly states that service members, who transfer to the Naval Reserves from active duty within one year of separating from active duty, are required to submit documentation through their reserve unit to NPC within six...
NAVY | BCNR | CY2007 | 07778-07
In correspondence attached as enclosure (2), the Chief, Bureau of Medicine and Surgery commented to the effect that Petitioner is entitled to additional EGC for the period in question, such that the date of rank on his Commission as a lieutenant, Medical Corps, should be changed from 7 June 2007 to 4 May 2006.c. They stated this would allow them to grant Petitioner active duty credit for the period 25 May 2001 to 31 July 2003.CONCLUSION:Upon review and consideration of all the evidence of...
NAVY | BCNR | CY2006 | 10869-06
At that time, he enrolled in the Survivor Benefit Plan (SBP) in the “spouse” category of coverage. DFAS responded that the claim “must be denied due to (exceeding) the Statute of Limitations.” See enclosure (3)f. On 4 December 2006, acting on behalf of Petitioner applied to the Board for Correction of Naval Records seeking a change to entitle Petitioner to SBP benefits. After a careful review of all the evidence, the Board unanimously concludes that the record should be changed to show...