Search Decisions

Decision Text

NAVY | BCNR | CY2004 | 01766-04
Original file (01766-04.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


         LCC:lc
         Docket No: 1766-04
         11 May 2004



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 11 May 2004. 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 OPNAV memorandum 7220 N13OE/04U0290, 16 April 2004, 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. 2O350~2O00

                           IN REPLY REFER TO
                                                                                          7220
                                                                                          Ser N13OE/04U0290
                                                                                          16 Apr 04

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:     Assistant for BCNR Matters, Pers-OOXCB

Subj:    REQUEST FOR COMMENT AND RECOMMENDATIONS ICO

Ref:     (a) Joint Federal Travel Regulations, Volume 1

End:     (1) BCNR Case File #01766-04

1.       Per your request, the following recommendation concerning enclosure (1) is provided.

2.       Enclosure (1) indicates a request for payment f Dislocation Allowance (DLA) during petitioner’s Permanent Change of Station (PCS) orders from his home to Parris Island, SC in July 2002.

3.       IAW reference (a), paragraph U5630-Cl, DLA is ot authorized in connection with a PCS from home or from PLEAD to first PDS unless the dependents actually move from the member’s resident e to the PDS or designated place in connection with the PCS. Petitioner is married to a military member, therefore on the effective date of these orders he had no dependents. Military married to another military member is wit out dependents and considered to be single; therefore reference (a) w11 apply to the petitioner making him not eligible to receive DLA.

4.       N13OE recommends disapproval of the petitioner s request for payment of DLA lAW reference (a).



Head, Travel and Transportation
Allowances Section (N13OE)

Similar Decisions

  • NAVY | BCNR | CY2004 | 01763-04

    Original file (01763-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 00050-02

    Original file (00050-02.pdf) Auto-classification: Denied

    Armed Forces Health Professions Scholarship Program (AFHPS) from IAW reference (a), members seeking 12 June 1997 to 6 June 2001. appointment to be designated as medical officer who are on active duty as an officer must resign their commission, or as an enlisted person must request a discharge from active duty. active duty for any other period while In no case shall any member be Upon completion of the program para. Therefore, request for payment due to the petitioner and TLE IAW Reference (c).

  • NAVY | BCNR | CY2004 | 02026-04

    Original file (02026-04.rtf) Auto-classification: Denied

    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. 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. N13OE recommends disapproval of the petitioner’s request for reimbursement of rental car insurance IAW reference...

  • NAVY | BCNR | CY2004 | 02064-04

    Original file (02064-04.rtf) Auto-classification: Denied

    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. 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. N13OE recommends disapproval of the petitioner’s request for reimbursement of rental car insurance IAW reference...

  • NAVY | BCNR | CY2006 | 01550-06

    Original file (01550-06.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by CNO memorandum 7220 Ser N13OE/06U0493, 5 September 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. DEPARTMENT OF THE NAVYOFFICE OF THE CHIEF OF NAVAL OPERATIONS 2000 NAVY PENTAGON WASHINGTON, D.C. 20350-2000 7220 Ser...

  • NAVY | BCNR | CY2007 | 08054-07

    Original file (08054-07.rtf) Auto-classification: Approved

    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 is entitled to reimbursement for travel of his spouse to Guam, payment of Temporary Lodging Allowance (TLA), and Dislocation Allowance (DLA) with dependents.2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman, reviewed Petitioner’s allegations of error and...

  • NAVY | BCNR | CY1999 | 07440-98

    Original file (07440-98.pdf) Auto-classification: Denied

    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. opinion furnished by CNO memorandum 7220 SER of which is attached. DC 20350-200 0 IN REPLY REFER TO 722 0 Ser 30 Mar 99 N130C3/062_gg MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS OF NAVAL RECORDS Via: Assistant for BCNR Matters, Pers-OOXCB Subj: REQUEST FOR COMMENTS AND...

  • NAVY | BCNR | CY2001 | 08675-00

    Original file (08675-00.pdf) Auto-classification: Denied

    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 this case the member's old PDS was not OCONUS so this article of the JFTR does not apply. 4. reassigned from a PDS in DC) and his dependents remained in the same residence as when the IAW reference (a) article U5222- member served at the old PDS.

  • NAVY | BCNR | CY2006 | 02804-06

    Original file (02804-06.rtf) Auto-classification: Denied

    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 7220 Ser N130c4/06u0260, 21 April 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to...

  • NAVY | BCNR | CY2006 | 04290-06

    Original file (04290-06.rtf) Auto-classification: Approved

    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 (a) that Petitioner did not have a break in service when she was discharged from the Marine Corps and enlisted in the Navy, (b) that Petitioner attended Officer Candidate School (005) in paygrade E—6 vice E—5, (c) that Petitioner is entitled to payment of Dislocation Allowance (DLA) and (d)...