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
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