DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC
Docket No. 1516-07
12 Apr 07

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 10 April 2007. 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 CNO memorandum 7220 Ser Nl30C4/07U0247, 19 March 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 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 and material evidence or other matter not previously considered by the Board. In this regard, it is also 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,

Executive Director

Enc1osure

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000

7220
Ser N130C4/07u0247
19 Mar 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:

Subj:

Ref: (a) Joint Federal Travel Regulations, Volume I
		(b)	OPNAVINST 7220.12
	End:	(1)	BCNR Case File #08457-06

1. Per your request, the following recommendation concerning enclosure (1) is provided.

2. Enclosure (1) indicates a request for retroactive payment of Basic Allowance for Housing (BAH) at the with-dependent rate for (previous duty station)   (duty station) effective 18 Aug 06.

3.  IAW reference (a) paragraph U10400-b, Low/No Cost moves effective July 1, 2001, the Secretary concerned may pay BAH based on the old station rate in situations involving low or no cost moves within the United States. A review of the petitioner’s military assignment history revealed the petitioner’s last 5 duty stations:

1ST MDIV Camp Pendleton, CA - 18 Aug 06 to present.

MCB Camp Pendleton, CA - 22 Oct 03 to 24 Jul 06.

USS OGDEN (LPD 5) San Diego, CA - 6 Nov 01 to 22 Oct 03. 1st FSSG Camp Pendleton, CA - 17 May 99 to 19 Oct 01.

1St MDIV Camp Pendleton, CA - 6 Sep 96 to 17 May 99.

IAW reference (b) paragraph 5.1, a member that executes back-to-back proximity moves that result in. a return to a permanent duty station in the original military housing area is not authorized to maintain BAH at the previous duty station rate.

For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.

Sub5

4.	N13OC recommends disapproval of the petitioner’s request to draw BAN based on his previous PDS of
reference (b)

For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.