DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No:
20 March 2001
867540
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.
opinion furnished by BUPERS memorandum 7220 SER
copy of which is attached.
In addition, the Board considered the advisory
N130C3/01UOO8 1 of 7 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
DEPARTMENT OF THE
OFFICE OF THE CHIEF OF
NAVAL OPERATION
NAV Y
2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-2000
N
S
IN REPLY REFER TO
7220
Ser
7 Mar 2001
N130C3/01U0081
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS
OF NAVAL RECORDS
Via:
Assistant for BCNR Matters, Pers-OOXCB
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref:
Encl:
(a) Joint Federal Travel Regulations, Volume 1
(1) BCNR Case File
Record
#08675-00 w/Microfiche Service
Per your request, the following recommendation concerning
1.
enclosure (1) is provided.
IAW reference (a)
para.
U9301-A, a member with dependents
DC) vice dependents location (Bunker Hill, WV)
The petitioner is requesting retroactive payment of Basic
2.
Allowance for Housing (BAH) based on last Permanent Duty Station
rates (Washington,
due to PCS reassignment to a dependent restricted tour
(NAVCOMTELSTA, Diego Garica).
3.
who is reassigned from an OCONUS Permanent Duty Station (PDS) to
a dependent restricted or unaccompanied tour at an OCONUS PDS may
be authorized to receive station allowances at the old PDS rate,
provided the dependents remains in the vicinity of the old PDS.
In this case the member's old PDS was not OCONUS so this article
of the JFTR does not apply.
4.
reassigned from a PDS in
DC) and his dependents remained in the same residence as when the
IAW reference (a) article
U5222-
member served at the old PDS.
Dl, the member is entitled to housing allowances at a place
designated by him as the dependent's residence when the member is
assigned a dependent restricted tour.
old PDS is not authorized.
eligible for station allowances based upon the old PDS rate, but
is entitled to BAH based on dependent
(l), revealed that the petitioner was
CONUS (JOINT CHIEF OF STAFF, Washington,
A housing allowance at the
the petitioner is not
A review of enclosure
Therefore,
location.
Head,,
._..
.
%,
Travel and Transportation
Allowances Section
(N130E)
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