Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 6990-99
14 December 1999
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) CNO memorandum 7220 SER
(3) Subject’s naval record
N130/ 187-99 of 14
Gctober 1999
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 applicable naval record be
corrected to show Petitioner was entitled to overseas station allowances at the rate for Atsugi,
Japan vice Yokosuka, Japan. Only the location of entitlement changes, everything else
remains the same.
2. The Board, consisting of Messrs. Exnicios, George, and Goldsmith, reviewed
Petitioner’s allegations of error and injustice on 14 December 1999 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.
Iq 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.
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
That Petitioner ’s naval record be corrected, where appropriate, to show that:
Docket No: 6990-99
a.
BuPers modified the order reassigning Petitioner to Japan to include the statement
“for the purpose of overseas station allowances and transportation of dependents and
household goods, Atsugi, Japan will be used as the permanent duty station ”.
b. The location/rate authorized for payment of overseas station allowances for
“Atsugi, Japan” effective
individuals assigned to “Yokosuka, Japan” was changed to
14 August 1996.
C.
Petitioner is authorized payment of monies for overseas station allowances for
Atsugi, Japan effective 14 August 1996 or date reported whichever is later until date of
departure from Atsugi, Japan or through 3 August
1999 whichever is earlier. Period of
actual entitlement will be obtained from reviewing Petitioner
’s military pay account.
d.
Petitioner’s entitlement to overseas station allowances will be based on overseas
station allowances for “Atsugi, Japan” vice “Yokosuka, Japan ”. None of the
variables/criteria affecting the amount of entitlement to the overseas station allowances was
changed. The increase in monies due will be computed based on the change of entitlement to
the locality code to “Atsugi, Japan. Petitioner did not make a move and this correction is
based only on the change made to the geographical location of entitlement, i.e., locality
code.
(NOTE: Computation for amount due was not furnished.)
e. That a copy of this Report of Proceedings be filed in Petitioner ’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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 Board ’s proceedings in the above entitled matter.
.
ROBERT D. ZSALMAN
Recorder
. %ki%kS
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.
Docket No: 6990-99
14 December 1999
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