DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 7055-10
12 Apr 2011
This pertains to your Application for Correction of Naval
Record (DD Form 149) seeking arrearages in pay.
Under the regulations that govern the Board for Correction
of Naval Records, before the Board may consider your
application, you must exhaust other avenues of
administrative relief.
Accounting and finance services for the Department of the
Navy are provided by the Defense Finance and Accounting
Service (DFAS). The DFAS also provides an administrative
means of addressing and resolving pay disputes. Those
administrative measures must be exhausted before any action
can be taken by this Board.
Before any further action can be taken on your request for
combat pay, please complete the attached Application For
Arrears in Pay (DD Form 827) and submit it, along with all
the evidence you have that supports your claim that you are
entitled to an adjustment of your pay, directly to the
Defense Finance and Accounting Service (DFAS) at the
following address: Commanding Officer, U.S. Navy Finance
Center, Anthony J. Celebrezze Federal Building, ATTN:
Dept. JFLAHA, 25th Floor, Cleveland, OH 44199-2055. You
should also enclose a copy of this letter with your
application to DFAS.
Please be advised that, a portion of your request extends
to back pay more than six years old. Due to the passage of
time, any claim you now submit to DFAS for back pay older
than 6 years may be barred by federal law and/or the common
Docket: 7055-10
law doctrine of laches. Laches is a legal doctrine that
essentially states that a claim will not be allowed if a
delay in asserting the claim has prejudiced another party.
Laches is based on the legal maxim that equity aids the
vigilant and not those who procrastinate regarding their
rights. In your case, you did not take steps to adjust
your PEBD or assert your claim for an inordinately long
period of time. That neglect may cause a disadvantage to
DFAS in researching/resolving part of your claim. You have
provided no evidence as to why you did not make a claim for
this pay earlier. Accordingly, it is particularly
important in your case to provide DFAS with evidence that
supports your claim that you are entitled to back pay and
that you provide an explanation as to why you neglected to
assert this claim for so long.
Your application with this Board is being closed at this
time because you have not exhausted other avenues of
administrative relief. No further action can be taken
until you apply in writing by mail to DFAS at the address
provided above for the pay you contend is due.
Sincerely,
WILLIAM Sink a
Head, Pay Dept
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