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NAVY | BCNR | CY2003 | 04144-03
Original file (04144-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                            WASHINGTON DC 20370-5100
                                                                                  LCC:ddj
                                                                                 Docket No: 4144-03
                                                                                 19 August 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 19 August 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 N130C3/03U0548 of 6 August 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,



W. DEAN PFEIFFER
Executive Director



Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
                  2000 NAVY PENTAGON
WASHINGTON,D.C. 20350-2000
          IN REPLY REFER TO:
7220
Ser N13 0C3 / 03U0548
 6 Aug 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS OF NAVAL RECORDS
Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIQNS ICO

Ref:     (a) DODFMR Volume 7A, Chapter 26, Feb 02
End:     (1) BCNR Case File #04144-03 w/Microfiche Service Record
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request to draw Basic Allowance for Housing (BAH) at the w/dependent rate for San Diego, CA (dependent location) vice El Centro, CA (new duty station).
3.       IAW reference (a) BAH entitlement is based on the members Permanent Duty Station (PDS). A review of the petitioner’s Master Military Pay Account (MMPA) revealed that he reported PCS to Naval Air Facility, El Centro, CA which is his permanent duty station where his BAH was started for IAW reference (a) -
4.       N13OC recommends disapproval of the petitioner’s request to draw BAH at dependents location (San Diego, CA).


Assistant Head, Pay and
          Allowances Section (N13OC)

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