DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 1018-11
7 Feb 11
From: Chairman, Board for Correction of Naval Records
TO Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Titlé 10 UL,S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) BUMED memo 7220 Ser M1/10UM1-3280
(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 Additional Special Pay (ASP).
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 7 February
2011 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. 1018-11
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. He is entitled to retroactive Additional Special Pay (ASP)
effective 11 September 2008, 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.
bill an
Ape
ROBERT D. ZASALMAN WILLIAM J. HESS,
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.
“Byars
7 February 2011
eeuW. DEAN PFEIFFER
Executive Director
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