DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
LCC:dd.i
Docket No: 8708-0 1
14 May 2002
This is i n reference to your application for correction of your naval record pursuant to the
provisions of title 10 of tlie United States Code, section 1552.
A three-n~ember panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application o n 14 May 2002. Your allegations of' error and i~i.justice 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 thereol', your naval record arid
applicable statutes, regulations and policies. In addition, the Board consideretl the advisory
opinion furnished by CNO melnorandum 7220 Ser N130C3/02U0095 of 6 March 2002, a copy of
which is attached.
After careful and conscientious consicleration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable inaterial error or
injustice. In this connection, tlie 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 iq~on request. -
It is regretted that the circu~nstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon sub~nission of new and material
In this regard, it is important
evidence or other matter not previously considered by the Board.
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
D E P A R T M E N T O F T H E N A V
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON. D.C. 20350-2000
I N R E P L Y R E F E R TO
7220
Ser N130C3/02~0095
6 Mar 2002
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
Ref:
( a ) Joint Federal Travel Regulations, Volume 1
Encl: ( 1 ) BCNR Case File #08708-01 w/Microfiche Service
Record
1. Per your request, the following recommendation concerning
enclosure ( 1 ) is provided.
2. Enclosure (1) indicates a request. for reimbursement of
Temporary Lodging Allowance (TLA) from 8 October to 19 October
2001 while in emergency leave status.
3. IAW reference (a), para. U9205, TLA is not payable for any
day a member is on leave away from the vicinity of the Permanent
Duty Station (PDS) or while on permissive Temporary Duty (TDY),
except when one or more dependents remain in the vicinity of the
PDS. Unfortunately, there is no wavier authorized under the law.
4. N130E recommends disapproval of the petitioner's request for
reirnbur2-,..dnt of TLA. N130E recc:.u..dnds that the petitioner file
for a waiver of indebtedness application for erroneous payments
made to the member.
f
Head, Travel and Transportation
Allowances Section (N130E)
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