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NAVY | BCNR | CY2010 | 08329-10
Original file (08329-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 8329-10
12 Oet 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: (1) DD Form 149 w/attachments
(2) BUMED memo 7220 Ser M1/10UM1-3089 of 27 Sep 10
(3) 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 the applicable naval record be corrected
to establish entitlement to retroactive Incentive Special Pay (ISP),
and Additional Special Pay (ASP).

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 12 October
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.

Dis 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. 8329-10

RECOMMENDATION :

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

a. He is entitled to retroactive Incentive Special Pay (ISP) for
the period 1 October 2008 through 31 July 2009 (NOTE: the entitlement
is for the period 1 October 2008 through 30 September 2009 but
Petitioner began receiving payment effective 1 August 2009); and
Additional Special Pay (ASP) for the period 26 August 2008 through 25
August 2009, at the rate established by statute and regulation (minus
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.

Mb e bra goWE

ROBERT D. ZSALMAN WILLIAM J. HESS,
Recorder Acting Recorder
Si, 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.

RS

Fern W. DEAN PFEIFFER
Executive Director

12 October 2010

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