DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, Suite 1007
ARLINGTON, VA 22204
_ JET
Docket No. NRO789-14
21 Jul 14
.
. T _
Brom: Chairman, Board for Correction of Maval Recoras
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) CNPC Memo 7220 Ser Ni31H/201401 of 24 Jun 14
(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 applicabie naval record
be corrected to show that contract signed 10 January 2013 is null
and void; and that the effective date of his Special Warfare
officer Continuation Pay (SPECWAROCP) be backdated to July 2009
> The Board, consisting of Mr. gsalman, Mr. Exnicios, and Mr.
Ruskin, reviewed Petitioner's allegations of error and injustice on
21 July 2014 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.
CONCLUSTON
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
Docket No. NRO789-14
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
= ee kaa
show tnac:
a. The Special Warfare Officer Continuation Pay contract
signed on 10 January 2013 igs null and void.
b. Petitioner’s initial request dated 11 Suly 2009 for
Special Warfare officer Continuation Pay Petitioner is effective 11
July 2009 for a five year service commitment at $15,000.00 per year
for a total of $75,000.00 for the five year commitment .
Petitioner's SPECWAROCP service commitment ends on 10 July 2014.
NOTE: Petitioner has so far received $46,875.00 (before taxes}
in SPECWAROCP payments and is further entitled tc $28,125.00
(before taxes).
c. 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 and complete
record of the Boarc’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN DAVIE Uj. CASH
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.
ROBERT D. ZSALMAN
Acting Executive Director
21 Jul 14
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