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NAVY | BCNR | CY2003 | 03635-03
Original file (03635-03.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100
         LCC:ecb
Docket No: 3635-03
7 August 2003

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

         Subj:

Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
(2)      Series of documents
(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 entitled to Basic Allowance for Housing (BAH) for designated location of dependents.

2.       The Board, consisting of Messrs. McPartlin, Pfeiffer, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 5 August 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.       After reviewing the correspondence attached as enclosure (2), the Board concluded 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.




Docket No: 3635-03

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

a.       NPC modified the orders which reassigned Petitioner from the USS Canopus to the USS Maryland, reporting October 1994, with TEMDU enroute to COMSUBGRU 10, Kings Bay, GA to delete the Permanent Change of Station (PCS) funding citation. Funding citation was deleted because Petitioner was reassigned within the same geographical area and Petitioner was not authorized to move dependents or ship household goods (HHGs) at government expense.

b.       Petitioner was authorized BAH for designated location of dependents for the period 1 March 1995 through 27 August 1996. Address for dependents XXXXXX and the monthly house payment is $655.00.
c.       NPC modified the orders which reassigned Petitioner from the USS Maryland to the TRITRAFAC, Kings Bay, GA reporting August 1996, to delete the PCS funding citation. The funding citation was deleted because Petitioner was reassigned within the same geographical area and Petitioner was not authorized to move dependents or ship HHGs at government expense.
         d.       Petitioner was authorized BAH for designated location of XXXX the period
28 August 1996 through 5 March 2000. Address for dependents XXXX and the monthly house payment is $655.00.

 e.       NPC modified the orders which reassigned Petitioner from the TRITRAFAC, Kings Bay, GA to the USS Wyoming, reporting March 2000 to delete the PCS funding citation. The funding citation was deleted because Petitioner was reassigned within the same geographical area and Petitioner was not authorized to move dependents or ship HHGs at government expense.

f.       Petitioner was authorized BAH for designated location of dependents effective 6 March 2000. Address for dependents XXXX the monthly house payment is $655.00.
g.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
        










         Docket No: 3635-03

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        G. L. ADAMS
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.


7 August 2003


                                                      W. DEAN PFIEFFER
                                                      Executive Director

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