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NAVY | BCNR | CY2004 | 08703-04
Original file (08703-04.doc) Auto-classification: Approved

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                               LCC
                                               Docket No. 8703-04
                                               14 March 2005

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) CMC memo 4050.1D LPC-4-WC, 28 Dec 04
       (3) Subject’s naval record

1. 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 the orders
that transferred Petitioner were issued prior to 13 August 2004. Also, show
Petitioner is entitled to payment for moving his personal property to the
new duty station.

2. The Board, consisting of Messrs. Leeman, Pfeiffer, and Silberman,
reviewed Petitioner’s allegations of error and injustice on 10 March 2005
and, pursuant to its regulations, 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 facts of record 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. 8703-04

RECOMMENDATION:

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

     a.     On 12 August 2004 vice any other date CMC issued orders
reassigning Petitioner to the I&I Staff LSBEQUIPCO 4TH LSBN 4TH FSSG,
Vienna, OH so as to receive treatment at the Sharon Regional Health System
Cancer Center in Hermitage, PA.

     b.     On 13 August 2004 Petitioner executed the appropriate documents
whereby he voluntarily elected to participate in the DITY Program to move
his HHG5; that by endorsement dated 13 August 2004 authority to participate
in the DITY Program was granted by the appropriate authorities and the
proper documents were prepared to show that government procured equipment
for the DITY move was obtained through the appropriate naval authorities
and used by the Petitioner vice that he personally obtained and used rental
equipment.

     c.     In the event Petitioner did not obtain weight tickets the weight
of the HHGs will be obtained by using the constructive weight capacity of
the rental truck used or by the Petitioner completing a DD Form 1701.

(NOTE: Petitioner will forward a copy of this letter and a copy of
all receipts pertaining to moving his personal property to the Compt
Trans Vouch Cert Branch (TVCB) ATTN:    Code 470, 814 Radford Blvd, Ste
20318, Albany, GA 31704—0318.)

     d.     A copy of this Report of Proceedings will be filed in
Petitioner’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      WILLIAM J HESS
Recorder    Acting Recorder

















                                              Docket No. 8703-04

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 of
Federal Regulations, Section 723.6(e)) and having assured compliance with
its provisions, it is hereby announced 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.




      14 March 2005

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