DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY
ANNEX
2
WASHINGTON DC 20370-5100
LCC: ddj
Docket No: 7037-01
15 January 2002
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 15 January 2002. 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 NPC memorandum 5420 Pers 9D of 30 October 2001, a copy of which
attached.
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
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
is
in
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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 3805.50000
MEMORANDUM FOR DIRECTOR, LEGISLATIVE MATTERS/CONGRESSIONAL ADVISOR
OFFICE/BCNR COORDINATOR (PERS-OOZCB)
PERS-9D
30
Ott 01
Subj
Ref:
COMMENDATIONS
IN CASE OF E-5
(a) BCNR Docket No. 7037-01
(b) JFTR, Chapter 7, Paragraph
(c) OPNAVINST
(d) CO, VR-52
1001.20B
ltr 1000 Ser
U7150
06/527 of 21
Ott 99
Encl:
(1) BCNR Files w/Service Record
Reference
Reference
the following is provided.
(b) further stipulates this
In response to reference (a),
Per
Reserve members who reside more than 50 miles from their
1.
reference (b),
duty location are entitled to travel at government expense when
reporting under orders.
entitlement exists whether the orders are for active duty or for
inactive duty of any type.
than 139 days,
station,
Officer-Active Duty for Special Work (ADSW) orders were for a
period of 90 days commencing 15 November 1999, as requested by
reference (d).
beginning 14 November 1999 by issuing Temporary Assigned Duty (TAD)
orders commencing 14 November 1999 and terminating 12 February 2000,
both at Saginaw, Michigan,
which appears to have been his home of
record at that time.
require travel costs be paid by the gaining command.
The gaining command provided for Petty-travel
when the member resides more than 50 miles from the duty
(c) stipulates that orders less
Petty
ADSW orders reflect the correct start date of
His BCNR package contains Leave and Earning Statement
2.
Petty Officer
15 November 1999.
(LES) printouts that reflect "PCS".
Station (PCS) charges was not authorized under the ADSW orders issued.
Per reference
days.
_As such,
entitlement paid by the
Corrective action should be addr
PCS may only be authorized on orders of 140 or more
any error in pay is related to an inappropriate PCS
Payment of Permanent Change of
(c),
Naval Reserve Resource
Management Office
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