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NAVY | BCNR | CY2009 | 10313-09
Original file (10313-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MBH

Docket No. 10313-09
25 Jan 10

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: (21) DD Form 149 w/attachments
(2) BUMED memo 7220 Ser M1/10UM1-2026 of 7 Jan 10

(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject, hereinafter
veferred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to.establish entitlement to retroactive Medical Additional Special Pay
(ASP).

2. The Board, consisting of Messrs. George, Pfeiffer, and “salman,
reviewed Petitioner’s allegations of error and injustice on 25 January
2010 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 the following corrective
action.
Docket No. 10313-09

RECOMMENDATION :

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. He is entitled to retroactive Additional Special Pay for the
period wl July 2007 throughg30 June 2008, at an epnua rate of $15,000
(minus any monies that may’ have already been pad for this period).

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, IIT
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 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the
foregeing corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of the

Navy.

25 January 2010 Lo Dea!

W. DEAN PFE
Executive Disxséctor

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