DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 7091-01
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)
(2)
(3)
DD Form 149 w/attachments
CMC memorandum 1050 MPO 40 of 20 December 2001
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, in effect, that the applicable naval record be
corrected to show Petitioner was entitled to reimbursement for travel from place of residence
to place of duty, payment for 32.5 days of leave, extension of entitlement to ship household
goods
$474.40 for travel to his Home of Selection (HOS) which was never performed.
(HHGs) at government exepense, and waiver of indebtedness for the amount of
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.
In correspondence attached as enclosure
(2), the office having cognizance over the
b.
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
theYBoard finds the existence of an injustice warranting the
(2),
contents of enclosure
following corrective action.
the
Docket No: 7091-01
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.
Petitioner was transferred to the Retired List effective 31 October 1999. Petitioner
was authorized payment of full pay and allowances for the additional two months of active
duty. Each and every entitlement Petitioner was receiving pay for on 31 August 1999 will be
paid through 31 October 1999.
b. The additional two months of active duty will compensate Petitioner for the injustice
of recalling him from terminal leave and directing him to report to Miramar, CA. Petitioner
had lost 32.5 days of leave and since an individual can be transferred to the Retired List only
on the last day of the month the additional time will compensate him for the travel he was
required to do when he was recalled from terminal leave.
C. That part of the request for waiver of the indebtedness for the travel advance of
If an individual does not perform the travel they are not entitled to
$474.40 was denied.
receipt of the advance money for the travel.
d. By letter dated 17 October 2000 directed to the appropriate naval authorities
Petitioner requested an extension of the one year period in which he was authorized to ship
household goods
(HHGs) at government expense incident to his transfer to the Retired List.
By letter dated 17 October 2000, the appropriate naval authorities approved his request for an
extension for a period of two years and four months in which he was authorized to ship his
HHGs at government expense incident to his transfer to the Retired List. Petitioner
’s
entitlement to ship his
List will expire on 28 February 2003.
HHGs at government expense incident to his transfer to the Retired
e. 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
-
de?
L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
5.
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions,
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
it is hereby announced that the
Docket No: 7091-01
22 August 2002
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