DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 08066-05
11 Oct 05
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIIZW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
End: (1) DD Form 149 w/attachrnents
(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 authorized Basic Allowance for Housing (BAH) for
his prior duty station.
2. 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 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 with the
United States. Petitioner’s request has merit and warrants favorable
action.
CONCLUS ION
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. 08066-05
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show
that:
a. On 17 September 2002 BuPers modified the orders that reassigned
Petitioner from the STU NAVHOSPCORPSCHOL SDIEGO CA, San Diego, CA to the
1st Dental Battalion, 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 ship
household goods at government expense.
b. Petitioner was authorized BAH for the prior duty station
effective 17 January 2003. The prior duty station was STU NAVHOSPCORPSCHOL
SDIEGO CA, 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. I
V
ROBERT D. ZSALMAN WILLIAM J 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.
11 October 2005
W. DEAN PFEIFFER
Executive Director
2
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