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NAVY | BCNR | CY2014 | NR6581 14
Original file (NR6581 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARUNGTON, VA 22204-2490

JET :
Docket No. NR6581-14

2 Mar 1S

 

a

This is in reference to your application for correction of. your
naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 March 2015. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the

advisory opinion furnished by Office of Chief of Naval
Operations memorandum.

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material —
error or injustice. In making this determination, the Board
notwithstanding the comments contained in the advisory opinion,
concluded that your request did not warrant favorable action.
Your application claims “Respectfully request to change
paragraph 4 of my Back to Back Sea Duty Extension approval
message lump sum entitlement from $21,600 to $28,800.00...The
SDIP Eligibility Chart Monthly SDIP Rate change for Personnel _
Specialist (PS), E6.from $600 to $800 the same day as my Back to
Back Sea Duty Extension was sent to me from BUPERS Millington."
The Board found that per. PERS-40DD, your SDIP request was
approved 20 November 2013 but the message was not released until
Docket No. NR6581-14

9 December 2013.* OPNAV Policy Decision Memorandum (PDM) 008-13
dated 26 April 2013, states that “Eligible Sailors desiring
SDIP-B must submit their request for a Back-to-Back. sea tour 11
to 13 months prior to PST completion date.” The Board further
found that despite your SDIP request being approved, you
submitted your Enlisted Personnel Action Request (NAVPERS
1306/7) SDIP request on 4 November 2013, 10 months prior to your
prescribed sea tour ,(PST) vice the 11-13 as was required, since
your PRD at the time was September 2014. You transferred from
the command on 1:September 2014. Furthermore, the Board found
that your request to modify the approved SDIP amount from

$21,600. to $28,800 to be not within the parameters of-PDM 008-13
11-13 requirement.

Under these circumstances; the Board found that no relief is
warranted. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.

It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. In this regard, it
is important to keep in mind that a presumption of regularity
attaches to all official records. Consequently, when applying
for a correction of an official naval record, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice.

Sincerely

    

ROBERT J. O'NEILL
Executive Director

+ Per the memorandum for record (Memo) dated 4 March 2015 concerning a conversation

between Mr. David Cash and Mr. Joseph Ferdinand which took place on 3 March 2015, Mr.
Ferdinand stated to Mr. Cash that “he received the Petitioner's back-to-back sea duty
request on or about 14 November 2013. Furthermore, he approved the request on 20
November 2013. The message was not published, however, until 9 December 2013.

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