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NAVY | BCNR | CY2003 | 05081-03
Original file (05081-03.pdf) Auto-classification: Denied
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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