Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 07576-05
Original file (07576-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100


 LCC
Docket No. 7576-05
27 Sep 05
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
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. 7576-05
 RECOM MENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       On 29 April 2002 BuPers modified the order that reassigned Petitioner from the NNC SD CRTS 5 AUG, San Diego, CA to the 1st FSSG FMFPAC, 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 15 November 2002. The prior duty station was NNC SD CRTS 5 AUG, San Diego, CA 92134.
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, I 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 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.

28 September 2005

                                                               W. DEAN PFEIFFER
 Executive Director

Similar Decisions

  • NAVY | BCNR | CY2005 | 07507-05

    Original file (07507-05.rtf) Auto-classification: Approved

    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 (BAN) 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...

  • NAVY | BCNR | CY2005 | 08066-05

    Original file (08066-05.doc) Auto-classification: Approved

    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 authorized Basic Allowance for Housing (BAH) for his prior duty station. The Board, consisting of Messrs. U~IIIhflIUIIUM reviewed Petitioner’s allegations of error and injustice on 4 October 2005 and, pursuant to its regulations, determined that the corrective...

  • NAVY | BCNR | CY2005 | 06262-05

    Original file (06262-05.rtf) Auto-classification: Approved

    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...

  • NAVY | BCNR | CY2005 | 07391-05

    Original file (07391-05.rtf) Auto-classification: Approved

    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...

  • NAVY | BCNR | CY2005 | 02027-05

    Original file (02027-05.doc) Auto-classification: Approved

    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 (BAH) for prior duty station. The FY-0l National Defense Authorization Act authorized BAR for the prior duty station for service members and their dependents and NAVADMIN 230/01 disseminated the information and advised that requests...

  • NAVY | BCNR | CY2005 | 07622-05

    Original file (07622-05.rtf) Auto-classification: Approved

    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 (BAH) 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...

  • NAVY | BCNR | CY2014 | NR8079 14

    Original file (NR8079 14.pdf) Auto-classification: Approved

    NR8OT79-14 22 Jul 14 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. Pursuant to the provisions of reference fa) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to conus Cost of living Allowance (CONUS COLA), and adjust entitlement to Basic Allowance for Housing (BAH)...

  • NAVY | BCNR | CY2006 | 05709-06

    Original file (05709-06.rtf) Auto-classification: Denied

    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 CNO memorandum 7220 Ser N130C4/06U0462, 21 August 2006, a copy of each is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient...

  • NAVY | BCNR | CY2004 | 02679-04

    Original file (02679-04.rtf) Auto-classification: Approved

    In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in the naval record of the subject. The Regulations approved by the Secretary of the Navy, require that the naval record of subject to be corrected, where appropriate, in accordance with the approved recommendation of the Board as contained in enclosure (1). ADAMS Head, Pay Section Copy to: DFAS w/o enclosures CNP w/o enclosures

  • NAVY | BCNR | CY2005 | 02412-05

    Original file (02412-05.rtf) Auto-classification: Approved

    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 is entitled to Basic Allowance for Housing (BAH) for his prior duty station.2. The Board, consisting of Messrs. Beckett, Caron, and Haney, reviewed Petitioner’s allegations of error and injustice on 9 August 2005 and, pursuant to its regulations, determined that the corrective...