DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 6171-01
6 November 2001
:
From
To:
Chairnm, Board for Correction of Naval Records
Secretary of the Navy
Ref: (a)
Title 10 U.S.C.
1552
Encl :
(1)
(2)
(3)
lZorm 149 w/attachments
DD
CNP
Subject’s naval record
niemorandum 7220 Ser N
I3OCYOl
II 13 17 of 19 October 2001
Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
(1:1 with this Board requesting, in effect, that the applicable naval record be
1.
filed enclosure
corrected to show Petitioner was entitled to receive payment of Basic Allowance for Housing
(BAH) at the with dependent rate.
ermr and
2. The Board, consisting of Messrs.
il?justice on 6 November 2001 and, pursuant to its regulations,
allegations of
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.
Novello, Pfeiffer, and Taylor, reviewed Petitioner ’s
3. The Board,
of error and
injusiice, finds as follows:
h..%ving reviewed all the facts of record pertaining to Petitioner
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under
er.isting law and regulations within the Department of the Navy.
b.
In 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
contents of enclosure
I3oard finds the existence of an injustice warranting the
following corrective action.
(2), the
the
RECOMMENDATION:
That Petitioner’s
naval record be corrected, where appropriate, to show that:
Docket No: 6171-01
a.
Petitioner was authorized BAH at the with dependent rate effective
29 September 1997, Petitioner ’s wife was transferred to the Temporary Disability Retired
List (TDRL) effective 28 September 1997 so Petitioner should have been authorized BAH at
19 September 1997. (NOTE: Petitioner ’s wife ’s name is
ast date of active duty was 28 September 1997.)
b. 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
Acting Recorder
Pursuant to tte delegation of authority set out in Section 6(e) of the revised Procedures
5.
of the Board for
(lorrection of Naval Records (32 Code of Federal Regulations, Section
ng assured compliance with its provisions, it is hereby announced that the
723.6(e)) and hav
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on
behalf of the Secretary of the Navy.
6 November 2001
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