Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 00895-03
Original file (00895-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

LCC:lc
Docket No: 895-03
24 June 2003

Dear

This is in reference to  
provisions of title 10 of the United States Code, section 1552.

ydur application  for correction  of your naval record pursuant to the

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 24 June 2003.
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.
opinion furnished by OPNAV memorandum, 7220 Ser
of which is attached.

In addition, the Board considered the advisory

Your allegations of error and injustice

 

N130C3/03U0446, 19 June 2003, a copy

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.
the members of the panel will be furnished upon request.

 in
Accordingly, your application has been denied.   The names and votes of

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.
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.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENTOFTHE  NAV Y

OFFICE OF THE CHIEF OF NAVAL OPERATIONS

2000  NAVY PENTAGON

WASHINGT0N.D.C.  20350-200

0

IN REPLY REFER TO:

7220
Ser 
/ 
OC3 
19 June 2003

N13 

03U@!&6

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Via:

Assistant for BCNR Matters, Pers-OOXCB

Subj:

Ref:

Encl:

co

(a) DODFMR Volume 
(b) Electronic Military Personnel Records System (EMPRS-98)

7A, Chapter 27 February 2002

(1) BCNR Case File  

Record

#00895-03  w/Microfiche Service

The following recommendation concerning enclosure (1) is

1.
provided.

The petitioner, a member married to another military member,

2.
requests payment of Family Separation Allowance (FSA-II) from 6
September 1998 to 23 July 2001 while assigned  
onboard the USS
KENNEDY (CV 67)  
was assigned to Naval Air Maintenance Training Group, Pensacola, FL
from 3 October 1997 to 24 April 1999.

While his military spouse

homep'drt at 

Mayport, FL.

Per reference (a)  

para. 270104 (D) effective 22 Sep 96, a
3 .
couple comprised of a member married to another member, with no
other dependents, was entitled to FSA-II under the same general
conditions as members with non-active duty dependents, provided the
couple was residing together immediately before being separated by
reason of execution of military orders.
authorized FSA for the same period.

Only one member may be

Spouse was reassigned and reported to Personnel

Reference (b) revealed that the petitioner was residing with his

4.
spouse prior to his assignment to the USS KENNEDY (CV 67) on 6
September 1998.
Verification of
Support Detachment, Kings Bay, GA on 19 July 1999.
the petitioner's Master Military Pay Account (MMPA) revealed payment
of FSA-II (Ship) from 22 September 1999 to 18 March 2000.
Verification of the spouse's MMPA revealed FSA-R entitlement from 25
A review of the petitioner's spouse
June 1997 through 18 July 1999.
NAVPERS 
1070/602R (Page 2) revealed that husband's residence was 106
Lakewood Drive Kingsland, GA 31548 (outside Naval Station Kings Bay
where spouse is stationed).

Subj:

IAW reference (a) both  members cannot be entitled to  FSA II for

5 .
the same period.
petitioner's request for payment of FSA-II (Restricted).

Therefore, 

N130C recommends disapproval of the



Similar Decisions

  • NAVY | BCNR | CY2003 | 02409-03

    Original file (02409-03.pdf) Auto-classification: Denied

    Documentary material considered by the Board cons application, together with all material submitted in support thereof, your naval applicable statutes, regulations and policies. In addition, the Board considered tl opinion furnished by CNO memorandum 7220 Ser which is attached. the members of the panel will be furnished upon request.

  • NAVY | BCNR | CY2007 | 01294-07

    Original file (01294-07.rtf) Auto-classification: Approved

    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 is entitled to Basic Allowance for Housing (BAR) for his prior duty station.2. 1294-07RECOMMENDATION:That Petitioners s naval record be corrected, where appropriate, to show that: Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the...

  • NAVY | BCNR | CY2002 | 08597-02

    Original file (08597-02.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 LCC:ddj Docket No: 8597-02 6 November 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy ~._ --..-. 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 entitled to Basic Allowance for Housing (BAH) for his...

  • NAVY | BCNR | CY2003 | 09599-03

    Original file (09599-03.rtf) Auto-classification: Approved

    In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in the naval record of the subject. The Regulations approved by the Secretary of the Navy, require that the naval record of subject to be corrected, where appropriate, in accordance with the approved recommendation of the Board as contained in enclosure (1). Copy to: DFAS w/o enclosures CNP w/o enclosures

  • NAVY | BCNR | CY2007 | 04982-07

    Original file (04982-07.rtf) Auto-classification: Denied

    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 N130C4/07U0437 of 14 June 2007, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was...

  • NAVY | BCNR | CY2004 | 03124-04

    Original file (03124-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. 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. Reference (b) allows payment of BAH at dependent location under certain circumstances.

  • NAVY | BCNR | CY2004 | 02959-04

    Original file (02959-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. 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. Reference (b) allows payment of BAH at dependent location under certain circumstances.

  • NAVY | BCNR | CY2004 | 03214-04

    Original file (03214-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. 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. Reference (b) allows payment of BAH at dependent location under certain circumstances.

  • NAVY | BCNR | CY2003 | 03467-03

    Original file (03467-03.pdf) Auto-classification: Denied

    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. opinion furnished by CNO memorandum 7220 Ser of which is attached. FL) vice his Permanent Duty Allowance of Record Station Naval IAW reference (a) BAH entitlement is based on the member's 3.

  • NAVY | BCNR | CY2002 | 02615-02

    Original file (02615-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by CNO memorandum 7220 Ser which is attached. the following recommendation concerning Enclosure (1) indicates a request to draw Basic Allowance 2. for Housing (BAH) at the w/dependent rate for Chicago,...