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

Docket No. 825-19
 
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2020.  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 5420 Ser N133D/043 of 27 February 2020; a copy of which was previously provided to you for comment. 
 
You requested retroactive payment of Continuous Submarine Duty Incentive Pay (CONSUBPAY) and for the possible mispayment of Basic Allowance Substinance (BAS).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you did not meet the eligibility criteria for CONSUBPAY in accordance with Chief of Naval Operations Instruction 7220.15 and Navy Administrative message 416/10.  A review of your record indicates you did not obligate service as required by the aforementioned policies, thereby rendering you ineligible for CONSUBPAY until you obligated service on 1 April 2019. Furthermore, the review of the leave and earning statements revealed that BAS was deducted while assigned to sea duty in accordance with the established policy in Naval Military Personnel Manual 7220-180.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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 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, 
           6/24/2020