DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC:ddj
Docket No: 2733-03
24 April 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
End: (1) DD Form 149 w/attachments
(2) OPNAV ltr 7220 Ser N130/187-99, 14 Oct 99 w/encls
(3) 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 Overseas Station Allowance (OSA) at the
rate for Atsugi, Japan vice Yokosuka, Japan. Only the location of
entitlement changes, everything else remains the same.
2. The Board, consisting of Messrs. Novello, Pfeiffer, and Ms. Nofziger,
reviewed Petitioner’s allegations of error and injustice on 23 April 2003
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.
3. The Board, having reviewed all the facts of record pertaining to
Petitioner’s allegations of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. In correspondence attached as enclosure (2), the office having
cognizance over the 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 the contents of enclosure (2), the Board finds the
existence of an injustice warranting the following corrective action.
Ref: (a) Title 10 U.S.C. 1552
Docket No: 2733-03
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show
that:
a. BuPers modified the order reassigning Petitioner to Japan to include
the statement “for the purpose of Overseas Station Allowances and
transportation of dependents and household goods, Atsugi, Japan will be
used as the permanent duty station
b. Petitioner was authorized payment of OSA for “Atsugi, Japan, Locality
Code 041”, vice “Yokosuka, Japan, Locality Code 061”. All other posted
criteria remains the same. Payment will be made from 14 August 1996 or date
reported, whichever is later, until 3 August 1999 or date departed,
whichever is earlier. Petitioner did not make a move, and the correction is
the result of a change in the geographical location of the entitlement.
c. If the total entitlement to OSA should result in a debt to the
Petitioner, the Petitioner has requested that the amount of the erroneous
payment be waived and the Board approved the request.
d. 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 ~t~-y~&. L. ADA MS
Recorder /~Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of
the revised Procedures of the Board for Correction of Naval Records (32
Code of Federal Regulations, Section 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the foregoing
corrective action, taken under the authority of reference (a), has been
approved by the Board on behalf of the Secretary of the Navy.
24 April 2003
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