DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 766240
20 March 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 20 March 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 BUPERS memorandum 7220 SER
copy of which is attached.
N130C3/01UlOl of 13 March 2001, a
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
/EPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATION
S
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-200
N
0
IN
TO
RfyjJEFER
Ser
13 Mar 2001
N130C3/01~101
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref:
Encl:
IONS ICO
(a) Electronic Military Personnel Records System(EMPRS-98)
(b) DODFMR Volume
7A, Chapter 26, Feb 00
(1) BCNR Case File
Record
#07662-00 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
Enclosure (1) indicates a request for retroactive pay for
2.
Basic Allowance for Housing (BAH) at the w/dependent rate for San
Clemente, CA (dependent location) vice Camp Pendleton, CA (duty
station).
CA to NAVHOSP Camp Pendleton, CA
A review of enclosure (1) revealed that the petitioner
3.
executed a Permanent Change Station (PCS) move from
FMF PAC Camp Pendleton,
(proximity move) effective 15 May 98 and was authorized BAH at
the w/o dependent rate for duty station.
NAVPERS 602R (page
Clemente, CA after getting married on 16
(b) Table 26-9, Rule 1, Note l(e), BAH based on dependent
location is authorized when in receipt of PCS orders between duty
stations in the same proximity that as a result disadvantage the
member and movement of household goods (HHG) is not authorized.
2), the petitioner moved from
Per reference (a)
lSt Mar Div
Ott 99.
Hemet, CA to San
IAW reference
The petitioner is not eligible for BAH at dependent
4.
The provision for close proximity move waivers exists
location.
for a member who executes a no-cost move from a duty station with
a higher BAH rate to a duty station with a lower BAH rate, when
the member did not move dependents.
In this case, the members
duty stations were both located at Camp Pendleton, CA therefore
the BAH rate would be the same.
disapproval of the petitioner's
N130C recommends
W reference
(k).
Therefore
Assistant Head, Pay and
Allowances Section
(N130C)
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