DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5700
JRE
Docket No. 06844-09
27 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy -
Ref: (a) 10 U.S.C. 1552
Encl: 1) DD Form 149
2) Chief, BUMED ltr 6320 Ser: MO005B/09UM00T240, 20 Jui 09
3) NPC memo 1610 PERS-32, 1 Sep 09,
4} 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 her naval record be
corrected to show she is entitled to Incentive Special Pay (ISP)
for years 2004 and 2005, and by the removal therefrom of four
fitness reports, all information pertaining to command directed
mental health evaluations, and findings that she was not
aerodynamically adaptable (NAA).
2. The Board, consisting of Messrs. S . lll.
"=e reviewed Petitioner's allegations of
erro
injustice om 22 April 2010 and, pursuant to its regulations,
determined that the partial 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
ec. In correspondence attached as enclosure (2), the Board was
advised by the Chief, Bureau of Medicine and Surgery (BUMED), in
effect, that the information in question pertaining to
Petitioner’s mental health evaluations and the determination
that she was NAA is properly filed in her record. In addition,
Petitioner met the criteria for ISP for 2004 but there is a
question concerning the timeliness of her application for that
pay. It appears that she met the criteria for ISP in 2005 but
her request was never received by BUMED. The Chief, BUMED
recommends that she receive ISP for 2004 if the Board concludes
that there was reasonable cause for the late submission of her
request for ISP, and that she be entitled to ISP for 2005 if the
Board determines that she made a timely request for ISP and that
there was reasonable cause for its loss or failure to be
forwarded to BUMED in a timely manner. If payment of ISP for
2005 is approved, it should be apportioned only for the periods
she had active medical specialty privileges, i.e., 6 October-22
November 2005 and 13 February-5 October 2006.
d. In correspondence attached as enclosure (2), the
Commander, Navy Personnel Command, expressed the opinion that
three of the four contested fitness reports are valid and
properly filed in Petitioner’s record, and that she has not
demonstrated that there was no rational support for the actions
of any of the reporting seniors or that any of the reporting
seniors acted illegally or improperly. As the fourth report is
.not valid and is not filed in Petitioner’s record, no action by >
the Board is required.
e. The staff of the Board mailed a copy of enclosures (2) and
(3) to Petitioner for her review and possible rebuttal. She did
not submit a rebuttal statement or any additional evidence or
argument.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner has failed to submit sufficient
relevant evidence to demonstrate the existence of probable
material error or injustice with regard to the fitness reports
in question that are filed in her record, or the information in
her record pertaining to command directed mental health
evaluations and findings that she was not aerodynamically
adaptable. In this connection, the substantially concurs with
the comments contained in enclosures (2) and (3). Accordingly,
so much of her application as pertains to those issues is
denied.
With regard to her request for ISP, the Board concludes that
Petitioner has submitted sufficient evidence to demonstrate her
entitlement to ISP for 2004 and portions of 2005, as specified
in enclosure (2).
In view of the foregoing, the Board finds an injustice that
warrants the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that -
her application for ISP for the periods 6 October 2004-5 October
2005 and 6 October 2005-5 October 2006 were submitted and
approved by proper authority in a timely manner, and that she is
entitled to ISP for the former period, and an apportioned
payment for the latter, with no entitlement for the period 23
November 2005-12 February 2006 when she did not have active
medical specialty privileges.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matte Z
ROBERT D. ZSALMAN ES R. EXNICIOS
Recorder Acting Recorder
5. Pursuant to the delegation of alithority 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.
Wo Meet P a
W, DEAN PFETF
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