DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC:ddj
Docket No: 339-01
12 June 2001
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 12 June 2001. 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 CMC memorandum 7000 MMIA of 17 May 2001, a copy of which is
attached.
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.
a
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 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,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
AEADQUARTERS UNITED STATES MARINE CORF
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103 .
IN REPLY REFER TO:
7000
MMIA
17 May 01
From: Head, Manpower Integration and Administration Branch
To: Head, Performance Evaluation Branch
REQUEST FOR BAH AT THE MEMB
Ref: (a) DoD 7000.14-R (DoDFMR)
(b) SECNAVINST 7220.82
Encl: (1¥ ation for Correction of Military
Meord dtd 17 Jan 01
1. A review of our records indicates that Staff Sergeant gage”
did not request a waiver to receive BAH at his dependents
location to this Headquarters as is required by reference (a).
2. We have conducted a review of 9eUpBhsaRRR = iborpeemiauds ae
request and determined that he is not entitleanee BAH at the
rate prescribed for his family members’ location in conjunction
with his PCS to Commanding Officer, 3d Battalion, 4th Marines,
lst Marine Division, Camp Pendleton, CA (MCC V34) for duty.
Table 26-9 of reference (a) states that a member may be
authorized BAH for his family members’ location if, for example,
he is being assigned to an area on the critical housing list, he
is being issued orders which do not allow the relocation of his
family members at government expense, or if conditions at the
new PDS require the family members to reside at a separate
location. Syriaammesis’ case does not meet either one of these
criteria. Staff Sergeant ageliéide received orders that authorized
his family to relocate to Camp Pendleton, CA at government
expense. Reference (b) specifically precludes this Headquarters
from authorizing BAH at the family members’ location rate based
solely of personal election of either member and/or his family
members to not relocate.
o~
emacs recently received permanent change of assignment
orders to Commanding Officer, Marine Corps Communication
Electronic School, Twenty-nine Palms, CA (MCC K18) for duty.
RET © 2.0 request to receive BAH at the family members’
location rate under this new set of orders. If approved, the
effective date of the approval will be the join date to the new
duty station.
Subj: REQUEST FOR BAH AT THE MEMBER * Ss DEPENDENT ai LOCATION )
STAFF SERGEANT ; 9% ‘ ii
4. The point of contact at this Headquarters is SSqt aerate.
im, MIB, DSN 278-9211/12, or commercial @aan_e ete.
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