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NAVY | BCNR | CY2002 | 00196-02
Original file (00196-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   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:dcij 
Docket  No:  196-02 
10 April  2002 

From:  Chairman, Board  for Correction of  Naval  Records 
To: 

Secretary of  the  Navy 

Ref: 

(a)  Title10U.S.C.  1552 

Encl: 

(1)  DD  Form  149 w/attach~nents 
(2)  CNO  meniorandu~n 7220 Ser N 130C3102U01 10 of  13 March  2002 
(3)  Subject's naval  record 

1 .   Pursuant to  the provisions of  reference  (a), Subject  hereinafter referred  to  as  Petitioner, 
filed  enclosure  ( 1 )   with  this  Board  requesting, i n  effect,  that  the applicable naval  record  be 
corrected  to  show Petitioner was  entitled  to per  diem  for  period  of  Temporary  Duty  under 
Instruction  (TEMDUINST) while attending  the  Naval  School  of  Healtli  Sciences, Fort  Sam 
Houston, TX. 

2.  The Board,  consisting of  Messrs.  Mackey,  Pauling, and  Ms.  McCormick, reviewed 
Petitioner's  allegations of  error and  illjustice on  9  April  2002 and,  pilrsuant  to  its regulations, 
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 arid  policies. 

3.  The Board,  having  reviewed  all  the  facts of  record  pertaining to  Petitioner's allegations 
of error and  injustice,  finds as  follows: 

a.  Before applying to  this  Board,  Petitioner exhausted all  adniinistrative remedies 

available under  existing law  and  regulations within  the  Department of  the  Navy. 

b. 

In  correspondence attached as enclosure (2), the oftice 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  the 
contents of  enclosure  (2), the  Board  finds the existence of  an  irijustice warranting  the 
following corrective action. 

Docket  No:  196-02 

That  l'etitiorier's  naval  record  Iw  corrected,  where  appropri;ite,  to  sliow  tliat: 

a.  13uI'ers  Order  I827  isswd  on  I  J u l y   1997 was  ~iioditied on  7 .1\11y  Ic>W to  inc\u(le 

funds  for  'I'EMDIJINS'I* at  the  Naval  School  of  Health  Sciences,  Ft.  S;i~ii H O I I S ~ O I I .  
Petitioner attencled  the  school  during  the  period  3 October  1997 ttirot~gll 15  1)ecemlwr  I997 
and  govern~nent dining  fxilities were  not  available.  Petitioner  did  utilize  government 
quarters during  period  of TEMI)1JINSl'.  Petitioner  was  authorized  payment  of' per  diem 
usliile attending  the  school. 

'1-X. 

(NOTE:  Petitioner  slioi~ld go to  the closest  facility  which  can  compute  travel  and  per  die111 
vouchers  and  ask  tlieni  to  compute  monies  due  for  this action.  I'etitiowr  must  present  to  the 
Agency  computing  the  money  due a  copy  of  orders  pertaining  to  the  TEh4DOlNST  and  a 
copy  of  this action.  The ;~gcwcy ~ i i a k i ~ i g  
tlie  coliip~~t;~tion will  ~iot ~iiakc* tlie  ; I ~ ~ I I ; I ~  
p;tynieiit.  Petitioner  will  then  t'orward tlie  computation  of  ~nonics t l w ,  a copy  of  tliis  letter 
and  a  copy  of  any  orders,  and  vouchers,  if- available,  pertaining  lo  tlie  TEMDIIINST to 
DFAS-DEIPOCC. 6760  E.  Irvington  Place.  I)enver,  ('0 80279-7100.) 

I?.  That  a copy  of  this  Report  of'  I'roceetlings  be  filed  in  Petitioner's  naval  record. 

4. I'ursuant  to  Section  h(c) 01' 
the  reviscd  I'rocetl~~r-es ot' the  I3o;ll-tl  for  ('orrectio~i of  Naval 
Kecords  (32 (:ode  01'  Federal  Regulations,  Section  723.6(c)) i t   is certi t'ied  that  quorum  was 
present  at  tlie  Board's  review  and  tleliberations,  and  that  tlie  foregoing  is  a  true  and  complete 
record  of' the  Hoard's  ~m~ccedings 

in  the  above  entitled  niat ter. 

ROBERT  L).  ZSALMAN 
Recorder 

GL%- 
G .  L.  ADAMS 
Acting  Recorder 

5 .   Pursuant  to  the delegation  of  authority  set  out  irl  Section  6(e) of  tlie  revised  Procedures 
of  the  Board  for  Correction  of  Naval  Records  (32 Code of  Federal  Regulations,  Section 
727.6(e)) and  having  assured  co~iipliance wit11  its  provisioris,  it  is  hereby  announced  tliat  the 
foregoing  corrective action.  taken  under  tlie authority  of  reference  (a), has  heen  approved  by 
tlie  Board  on  behalf  of  tlie  Secretary  ot' tlie  Navy. 

10 April  2002 



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