D E P A R T M E N T O F T H E NAVY
BOARD FOR C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
LCC:ecb
Docket No: 5081-03
15 October 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 15 October 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 N130C3103u0639 dated 5 September 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,
Executive Directo
Enclosure
DEPARTMENT OF THE NAVY
OFFICE O F THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGT0N.D.C. 20350-2000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via :
Assistant for BCNR Matters, Pers-OOXCB
IN R E P L Y REFER TO:
7220
Ser N13 OC3 / 03U0639
5 Sep 2003
Sub j :
Ref:
Encl :
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
I
P
(a) Title 37, USC 403
I r
- -
(1) BCNR Case File #05081-03 w/Microfiche Service
Record
1. Per your request the following recommendation concerning
enclosure (1) is provided.
2. The petitioner is requesting payment of Basic Allowance
for Housing (BAH) while stationed aboard USS OLDENDORF (DD
972) from 11 February 2003 to 19 May 2003.
3. A review of enclosure (1) revealed that the petitioner was
E-4 (frock to Second Class Petty Officer) for pay purposes at
the time of his request to draw BAH. Reference (a) does not
authorize BAH for service members without dependents below pay
grade E-6. Therefore, N130C recommends disapproval of the
petitioner's request for payment of BAH 11 February 2003 to 19
May 2003.
Allowances Section (N130C)
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