DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC:ddj
Docket No: 2404-01
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 CNO memorandum 7220 SER N130C3/01U1065 of 1 June 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.
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
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
IN REPLY REFER TO
7220
Ser N130C3/ 0101065
1 Jun 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via: Assistant for BCNR Matters, Pers-OOXCB
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
: * eer OTE I
Ref: (a) Joint Federal Travel Regulations, Volume 1
Encl: (1) BCNR Case File # 02404-01 w/Microfiche Service
Record
1. Per your request, the following recommendation concerning enclosure (1) is
provided.
2. Enclosure (1) indicates a request to authorize the petitioner's wife
(military member) to be added on his Permanent Change of Station (PCS) orders in
order to be counted for computation purposes of Temporary Lodging Allowance
(TLA) for lodging and meals expenses incurred from 24 Aug 99 to 3 Oct 99 while
waiting for permanent government housing.
3. A review of enclosure (1), revealed that the petitioner's wife was on active
duty and was released on 3 Oct 99. IAW reference (a) Appendix A Note 3, a
member may not be paid allowances on behalf of a dependent for any period during
which that dependent is entitled to basic pay IAW 37 U.S.C. S204.
4. Therefore, N130E recommends disapproval of the petitioner's request to add
his wife to his TLA computation formula.
Head, Travel and Transportation
Allowances Section (N130E)
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