DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 5217-08
4 Aug 08
Ie]
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 4 August
2008. 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 7220 Ser PERS-432/1075 of
14 Jul 08, 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 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,
W. DEAN PFERRFRR
Executive Dikéc
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
ILLINGTON TN 38055-0000 .
" 8 7220
Ser PERS~432/1075
14 Jul 2008
From: Director, Aviation Officer Distribution (PERS-432)}
To: Executive Director, Board for Correction of Naval Records
Via: Assistant for BCNR Matters, Pers-31¢
Subj: BCNR File 5217-08 ICO
Ref: (a) <_liilililiim@fiMis, lor of 30 Apr 08
{bo} CNO Washington DC 1510452 Oct O2Z/NAVADMIN 0342/02
(c) CNO Washington De 1510462 Oct O2/NAVADMIN 0342/02
(ad) OPNAVINST 7220.9
1. This letter is in response to reference {a), your request for
unpaid Aviation Career Continuation Pay (ACCP). Current policy does
net authorize ACCP payment to aviation officers: who have failed to
select twice for Aviation Qperational Department Head.
2. Since FY-O1 the ACCP program policy has specifically stated that
“The intent of long-term ACCP is to retain aviation officers through
their department head tours”. The FY-03 ACCP program, references (b)
and (c), under which you applied is no different. In F¥~-05 you failed
to select for Aviation Gperational Department Head fer the second time,
and as a result you did not fulfill the intent of the long-term ACCE
Program. Due to the fact that you failed to select for department head
made you ineligible to receive lorig-term ACCP. Per reference (d),
paragraph 13e, COMNAVPERSCOM (PERS-43) determined that it was. in the
best interest of the Navy to waive the requirement to recoup ACCP
payments for those officers who fail te select fox Aviation Operational
Department. Head after their second look (failure to fulfill {ntent of
leng-term ACCP), and as such repayment /recoupmert was net required.
3. In FY-05 there were 41 officers that failed to screen. for Aviation
Operational Department Head for the second time, and were notified that
their Long-term ACCP would be stopped. DFAS was notified in July 2005
to step any future ACCP payments, and in September 2005 payiients were
stopped. On 3 September 2005 you received an ACCP payment in error For
$15,625.00, and as such the sum of $15,628.00ffis subject to recoupment.
M9
M. S. Wallace
By Direction
For Official Use Only —- Privacy SenSitive: Any misuse or unauthorized
disclosure may result in both civil and criminal penalties
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