DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No.NRO2857-13
22 October 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref; (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Bureau of Medicine (BUMED) and Surgery memo 7220 Ser
M1/13UM1-3221 of 17 Feb 2012
(3) Bureau of Medicine (BUMED) and Surgery memo 7220 Ser
M1/13UM1-4189 of 26 Oct 2012
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to establish entitlement to
retroactive Board Certified Pay (BCP) in the amount of $30,000, |
and Additional Special Pay in the amount of $60,000 from 1996 to
2003.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman and
Exnicios reviewed Petitioner’s allegations of error and
injustice on 11 October 2013 and, pursuant to its regulations,
determined that the partial 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
Docket No.NR0O2857-13
request has merit and warrants partial 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
partial corrective action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
as follows:
a. Petitioner is entitled to retroactive Board Certified
Pay (BCP) for the period of 28 June 1996 to 30 September 2003.
b. Petitioner is entitled to retroactive Medical
Additional Special Pay (ASP) at an annual rate of $15,000 for
the years 1998, 1999, 2001 and 2002.
c. That so much of Petitioner’s request for corrective
action as exceeds the foregoing be denied for the following
reasons: During 1996 and 1997, while on active duty, Petitioner
requested and received ASP. Petitioner submitted no
documentation to show that he requested ASP in 2000. Finally,
Petitioner requested Incentive Special Pay (ISP) and ASP for
2003, however, Petitioner was not entitled to receipt of the
funds due to not having met all the requirements for approval of
such payments.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. Pursuant to Section 6({c} of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
route | Me
ROBERT D. 4ASALMAN BRONTE MONTGQMER
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