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NAVY | BCNR | CY2004 | 02064-04
Original file (02064-04.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: 2026-04
                                                                                 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 Ser N13OE/04U0288, 22 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. 203502000

                                                                                          IN REPLY REFER TO
                                                                                                   7220
                                                                                                   Ser N13OE/04U0288
                                                                                                   22 Apr 04

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

Via:     Assistant for BCNR Matters, Pers-OOXCB

Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO


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

End:     (1) BCNR Case File #02026-04

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

2.       Enclosure (1) indicates a request to be reimbursed for rental car insurance purchased during petitioner’s Temporary Additional Duty (TAD) to San Diego, CA from 2 Dec 03 to 3 Feb 04.

3.       IAW reference (a), paragraph U34l5-C2, The cost of buying collision insurance (e.g., Collision Damage Waiver (CDW) Adjustment, Theft Protection, etc.) is reimbursable only if the insurance is required by the rental agency to provide full coverage insurance but only when renting an automobile in a foreign area or country, or certain classified special operations are involved. Petitioner does not meet the criteria in reference (a)

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




Head, Travel and Transportation
Allowances Section (N13OE)

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