DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 6896-02
22 August 2002
.
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) CNO memorandum 7220 Ser
(3) Subject ’s naval record
N130/187-99 of 14 October 1999
Pursuant to the provisions of reference
1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to Petitioner was entitled to Overseas Station Allowance (OSA) at the rate for
Atsugi, Japan vice Yokosuka, Japan. Only the location of entitlement changes, everything
else remains the same.
(a), Subject hereinafter referred to as Petitioner,
2. The Board, consisting of Mses. Gilbert, McCormick, and Mr.
Petitioner’s allegations of error and injustice on 20 August 2002 and, pursuant 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 and policies.
McPartlin, reviewed
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing 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 the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate,
;o show that:
Docket No: 6896-02
a.
BuPers modified the order reassigning Petitioner to Japan to include the statement
“for the purpose of Overseas Station Allowances and transportation of dependents and
household goods, Atsugi, Japan will be used as the permanent duty station
”.
b.
Petitioner is authorized payment of OSA for “Atsugi, Japan, Locality Code
041”,
vice “Yokosuka, Japan, Locality Code 061
Payment will be made from 14 August 1996 or date reported, whichever is later, until
3 August 1999 or date departed, whichever is earlier.
the correction is a result of a change in the geographical location of the entitlement.
‘I. All other posted criteria remains the same.
Petitioner did not make a move, and
C.
If the total entitlement to OSA should result in a debt to the Petitioner, the Petitioner
has requested that the amount of the erroneous payment be waived and the Board approved
the request.
d. 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
5.
Pursuant to the delegation of authority
the Board for Correction of Naval Records
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
set out in Section 6(e) of the revised Procedures of
(32 Code of Federal Regulations, Section
22 August 2002
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