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NAVY | BCNR | CY2009 | 04511-09
Original file (04511-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 4511-09
16 Nov 09

 

Dearwiit

 

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 16
November 2009. 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 BUMED memo 7220 Ser
M1/09UM1-2843 of 4 Aug 09, a copy of which is attached.

The Board carefully considered your request for a personal appearance,
however it found that the issues in your case were adequately
documented and that a personal appearance would not materially add to
the Board’s understanding of the issues involved. Thus, your request
for a personal appearance has been denied.

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 the
Navy’s decision to change your subspecialty code. The Board found
that the establishment of additional qualification codes (AOD) for
advanced clinical programs in General Dentistry and Exodontia was made
for a legitimate purpose. The Chief, Bureau of Medicine and Surgery
determined that the change was needed to differentiate between those,
such as you, who are trained in the 1-year ACP program and those that
are trained in the 2-year residency program for Comprehensive —
Dentistry. That you are not a residency trained Comprehensive Dentist
is undisputed. Accordingly, once the change was made, you were
properly designated as a General Dentist 1700V with an AQD of 64D.
Additionally, the Board found no evidence that as a result of the
subspecialty code change you suffered a loss of compensation regarding
.your Dental Officer Multiyear Retention Bonus (DOMRB). Your DORMB was
paid commensurate with your level of training and at the same level as
ethers who were classified as you were.
Docket No. 4511-09

Accordingly, your request for the restoration of your 1725V
subspecialty code, with appropriate monetary relief, 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,

Br
W. DEAN PFEIF
Executive Dire

Enclosure

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