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NAVY | BCNR | CY2006 | 00428-06
Original file (00428-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
        


         LCC
 Docket No. 428-06
22 Mar 07
From: Chairman, Board for Correction of Naval Records
 To:      Secretary of the Navy
         
         Subj:    REVIEW OF NAVAL 

         Ref:     (a) Title 10 U.S.C. 1552
          End:     (1)      DD Form 149 w/attachments
                  (2)      CNO memo 7220 Ser N13OE/07U0195, 2 Mar 07
                  (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 is entitled to reimbursement of travel for his dependent wife from Vancouver, British Columbia, Canada.
2.       The Board, consisting of Messrs. Bourgeois, Boyd, and J. Hicks, reviewed Petitioner’s allegations of error and injustice on 20 March 2007 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. 428-06

RECOMMENDATION:

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

 a.       Petitioner was furnished a certificate of “non-availability” of a U. S. flag carrier for her travel from Vancouver, British Columbia, Canada to Pearl Harbor, HI. Reimbursement will not exceed what the cost would have been to the US government or the amount the Petitioner paid for the travel, whichever is less.
(NOTE: Petitioner must furnish a statement from the Traffic Management Officer advising DFAS-DE/POCC what the cost of the transportation would have been to the US government and a copy of the ticket for the transportation showing the cost to the Petitioner. Documents and a copy of this letter will be mailed to DFAS-DE/POCC, 6760 E. Irving Place, Denver, CO 80279-7100 for payment. Their fax number is DSN 926-7052)

 b.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true 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.




 22 March 2007






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