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NAVY | BCNR | CY2003 | 00118-03
Original file (00118-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  F O R C O R R E C T I O N   O F   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   DC  2 0 3 7 0 - 5 1 0 0  

LCC:ecb 
Docket No:  1 18-03 
15 October 2003 

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 October 2003.  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  CNO memorandum 7220 Ser N130C3103U0075 dated 21  February 2003, a 
copy of  which  is 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 in 
the advisory opinion.  Accordingly, your application has been  denied.  The names and  votes of 
the members of  the panel will  be furnished upon  request. 

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.  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, 

Enclosure 

jEPARTMENT  OF  T H E   NAVY 
OFFICE  OF  THE  CHIEF OF  NAVAL OPERATIONS 

2000  NAVY  PENTAGON 

WASHINGTON.  D.C.  20310-2000 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION 

OF NAVAL RECORDS 

Via:  Assistant for BCNR Matters, Pers-OOXCB 

7BVPLY R E F E R  
Ser N130C3 / 03U0075 
21 Feb 2003 

COMMENTS AND RECOMMENDATIONS 

- 

ICO 

Ref: 

(a) Joint Federal Travel Regulations, Volume 1 
(b) PERSUPP DET Okinawa Kadena, Japan MSG DTG 3006052 

Aug 02 

Encl:  (1) BCNR Case File #00118-03 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) for 4 days upon arriving at 
Headquartes and Headquarters Squadron, Marine Corps Air Station, 
Futenma, Japan the member's new Permanent Duty Station  (PDS) . 

3.  IAW reference (a) TLA is provided to partially reimburse a 
member for the more than normal expenses incurred while occupying 
temporary lodging.  A review of enclosure (1) revealed that upon 
arriving to his new PDS the petitioner's sponsor advised the 
petitioner to check into a lodging facility that was not 
authorized IAW reference (b).  Upon finding out that the location 
was not auty-,-ized the petitioner moved out.  IAW reference (a), 
para. U9201 B1, the OCONUS TLA Authority sets and governs TLA 
policy procedures for members upon arrivals and departures. 
Reference (b) gave explicit guidance to the pet.itioner regarding 
check-in procedures to be eligible for TLA reimbursement. 

4.  Therefore, unless the petitioner can produce a non- 
availability statement for government quarters covering the time 
under consideration, N130E recommends disapproval of the 
petitioner's request for reimbursement of TLA. 

Allowances Section  (N130E) 



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