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NAVY | BCNR | CY2004 | 06454-04
Original file (06454-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC
Docket No. 6454-04
16 August 2004


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:
REVIEW OF NAVAL RECORD

Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
         (2) Telecon 12 Aug 04, Mr. XXXX NAVSUPSYSCMD, & Ms. Crone BCNR
(3)      Subject’s naval record

1.       Pursuant to the provisions of reference (a) Subject’ s spouse, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show entitlement to ship household goods (HHGs) at government expense incident to transfer to Temporary Disability Retired List (TDRL) was extended.

2.       The Board, consisting of Messrs. George, Goldsmith, and Pfeiffer. reviewed Petitioner’s allegation: of error and injustice on 16 August 2004 and pursuant to its regulation, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the fact s r ecord pertaining to Petitioner s allegations of error and injustice, finds as follows:

a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.       In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.
Docket No. 6454-04


RECOMMENDATION:

That Subject’s naval record be corrected, where appropriate, to show that:

a.       On 16 August 2000 a request was submitted to the appropriate naval authorities requesting an extension of the one-year period in which to ship HHGs at government expense incident to transfer to TDRL. On 16 August 2000 the appropriate naval authorities approved the request for an extension for a period of 4 years and 2 months. Authority to ship HHGs at government expense incident to transfer to the TDRL will expire on 8 November 2004.

b.       That a copy of this Report of Proceedings be filed in subject’s naval record.

4.       Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        G. L. ADAMS
Recorder         Acting Recorder

5.       Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code Federal Regulations. Section 723. 6(e)) and having assured compliance with its provisions, it is hereby announce that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


16 August 2004


W.DEAN PFEIFFER
Executive Director

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