DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4435-20 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 29 June 2021. The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in Office of the Chief of Naval Operations memorandum 7220 Ser N130/20U1539 of 13 October 2020; a copy of which was previously provided to you for comment. 

You requested relief in the adjustment of Special Duty Assigments Pay (SDAP), Naval Special Warfare Incentive Pay (SkIP) and Advanced Incentive Pay (AIP). The Board, in its review of relevant portions of your naval record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that based on your Temporary Additional Duty status beginning in May 2018 to a job that did not include SkIP or SDAP eligible duties, all entitlement were stopped accordingly. Furthermore, per the AIP for Special Warfare Development Group business rules, AIP will cease to be paid while a member is held in a disciplinary status and you were pending legal charges in June 2018. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. 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, 
7/29/2021