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NAVY | BCNR | CY2005 | 00036-05
Original file (00036-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

LCC
Docket No. 36-05
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 4050.1U LPC-4-WC, 16 Feb 05
(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 Petitioner was entitled to payment of incentives for moving his personal property by a Do-It-Yourself (DITY) Program.

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.


RECO M MENDATION:

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

a.       On 19 October 2004 vice any other date CMC issued orders releasing Petitioner from active duty.

b.       On 20 October 2004 Petitioner executed the appropriate documents whereby he voluntarily elected to participate in the DITY Program to move his personal property; that by endorsement dated 20 October 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 that weight of the personal property will be based on either the 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 III
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 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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