DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 2418-01
24 July 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 24 July 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.
opinion furnished by CNO memorandum 7220 SER
of which is attached.
In addition, the Board considered the advisory
N130C3/01U1115 of 27 June 2001, 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,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
OFFICE OF THE CHIEF OF
DEPARTMENT OF THE
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-2000
NAVAL OPERATION
N
NAV Y
S
IN REPLY REFER TO
7220
Ser
27 Jun 2001
N130C3/
OlU1115
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters,
.Pers-OOXCB
Subj:
Ref:
(a) DODFMR, Volume
7A, Chapter 27, March 2001
Encl:
(1) BCNR Case File
Record
#02418-01 w/Microfiche Service
Per your request, following recommendation concerning
1.
enclosure (1) is provided.
The petitioner is requesting retroactive payment of Family
- Temporary (FSA-T) for the period from 16
2 .
Separation Allowance
Apr 96 to 22 May 96.
para. 270304.A credit for FSA-T may not be
3. IAW reference (a),
applied until the member has been on TDY or TAD away from his
permanent duty station continuously for more than
review of enclosure (1) revealed that the petitioner orders
detached him from his Permanent Duty Station (PDS) on 27 Mar 96
with Temporary Duty (TDY) en route from 20 Apr 96 to 17 May 96 and
para.
arriving at his new PDS on 23 Jun 96.
270304.3 when delay en route and proceed time are authorized and
used, the day of departure from the old station and the day of
arrival at the new station shall be constructed in the manner
indicated is subparagraphs 270304.A.2.a and b.
IAW reference ,(a),
30 days. A
4. IAW reference (a),
paras. 270304.A.2.a and b, constructive day
of departure from PDS either is the actual date of detachment plus
days of authorized leave,
days used, or the first day authorized travel, whichever is later.
Subparagraph b, constructive day of return to PDS is the actual
date of return minus number of days leave authorized and used,
minus the number of permissive travel days actually used.
proceed time and/or permissive travel
Subj:
The petitioner detached his PDS on 27 Mar 96 and was authorized
and used 16 days leave, 4 days proceed time, and 4 days travel
time constructive day of departure is 19 Apr 96.
arrived to his new PDS on 23 Jun 96 was authorized and used 33
days leave,
May 96.
4 days travel time constructive day of return is 17
29 days (19 Apr-17 May 96).
The period of absence is
The petitioner
Therefore,
5.
request for retroactive payment of
N130C recommends disapproval of petitioner's
,FSA-T IAW reference (a).
Assistant
Hea
, Pay and
Allowances Section
(N130C)
lcI
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