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NAVY | BCNR | CY2005 | 07391-05
Original file (07391-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 7391 - 05
27 Sep 05
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD ICO
         
         Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
 (2)      NAVADMIN 230/01
(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 Basic Allowance for Housing (BAR) for his prior duty station.
2.       The Board, consisting of Mr. Frankfort, Dr. Schultz, and Ms. Countryman, reviewed Petitioner’s allegations of error and injustice on 22 September 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.       The FY 01 National Defense Authorization Act included authority for Service Secretaries to base housing allowances on the old permanent duty station in situations involving low or no cost moves within the Unites States. Petitioner’s 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. 7391-05
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       On 21 October 2003 BuPers modified the orders that reassigned Petitioner from the USS John C Stennis, homeport San Diego, CA to the DEPMED NH CPEN DET, Camp Pendleton, CA to delete the Permanent Change of Station funding citation. Petitioner was reassigned within the same geographical area and was not authorized travel of dependents or to move household goods at government expense.
b.       Petitioner was authorized BAR for his prior duty station effective 2 February 2004. The prior duty station was the USS John C Stennis, homeport San Diego, CA 92135.
c.       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, II
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 7 23.6(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.



28 September 2005

                                                               W. DEAN PFEIFFER
 Executive Director

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