DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 11751-0939
3 May 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a} Title 1060 U.S.C, 1552
Encl: (1) DD Form 149 w/attachments
(2) BUMED memo 7220 Ser M1/09UM1-2559 of 15 Apr 10
(3) Subject's naval record
1, Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, fiied enciosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to establish entitlement to retroactive Dental Additional Special Pay
(ASP).
2. The Board, comsisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 3 May 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. 11751-0909
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. He is entitled to retroactive Dental Additional Special Pay
{ASP) at the rate of $6,000 per annum for the period 1 October 2007
through 23 April 2008, and ASP at the rate of $12,000 per annum for
the period 24 April 2008 through 30 September 2008 (less any monies
that may have already been paid 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. ae
Litkitinn he
ROBERT D. ZSALMAN WILLIAM J. HESS, III
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
foregoing corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
3 May 2010
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