DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 7440-98
11 May 1999
Dear
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 11 May 1999. 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.
opinion furnished by CNO memorandum 7220 SER
of which is attached.
In addition, the Board considered the advisory
N130C3/062-99 of 30 March 1999, a copy
After careful and conscientious consideration of the entire record, 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.
to keep in mind that a presumption of regularity attaches to all official records.
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.
In this regard, it is important
Consequently,
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
.
DEPARTMENT
OF THE NAV Y
OFFICE OF THE CHIEF OF NAVAL OPERATION
S
WASHINGTON. DC 20350-200
0
IN REPLY REFER TO
722 0
Ser
30 Mar
99
N130C3/062_gg
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
HM3
.USN,
Ref:
(a) Joint Federal Travel Regulations, Volume 1
Encl:
(1) BCNR Case File
Record
#07440-98 w/Microfiche Service
Per your request,
1.
enclosure (1) is provided.
the following recommendation concerning
The petitioner is
2.
Housing (BAH) based on the location of his dependents (White
Plains,
NY) vice his permanent duty station (Camp Pendleton, CA).
requesting payment of Basic Allowance for
Per reference (a), Appendix P,
3.
on dependents location is authorized in a Permanent Change of
Station (PCS) move only when the old PDS and the new PDS are in
the same proximity to each other,
(HHG) move was not authorized and that the member commutes daily
from his home to his new PDS.
provided that a household goods
P8003-B2a(5), BAH based
para.
A review of enclosure
4.
old PDS (Great Lakes,
are not in proximity to each other.
not eligible for BAH based on the location of his dependents.
(l), revealed that the petitioner's
IL) and the new PDS (Camp Pendleton, CA)
Therefore,
the petitioner is
Allowances Section
(N130C)
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