DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 2169-06
2 May 06
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting
in executive session, considered your application on 2 May 2006. Your
allegations of error and injustice were reviewed in accordance with
administrative regulations and procedures applicable to the proceedings of
this Board. 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 CMC
memorandum 5000 MPO-40, 11 April 2006, a copy of which is attached.
After careful and conscientious consideration of the entire record, a
majority of the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In this
connection, the Board substantially concurred with the comments contained
in the advisory opinion. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable
action cannot be taken. You are entitled to have the Board reconsider its
decision upon submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is also important to
keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the existence of
probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
5000
MPO-40
Apr 11 2006
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORMER CORPORAL
Ref: (a) MMER Route sheet of 29 Mar 06, Docket No. 2169-06
(b) Joint Federal II Travel Regulation.
1. Reference (a) is returned recommending disapproval of SNM’s
request for payment of full overseas Cost of Living Allowance (COLA) in
lieu of barracks COLA.
2. During the period of time in question, entitled to station
allowances for her Permanent Duty Station (PDS) of Ford Island, Pearl
Harbor, Oahu, Hawaii. During that period, Oahu, Hawaii was authorized
an overseas COLA and was a member without dependents and was residing
in the barracks. In accordance with reference (b), a member without
dependents who is residing in the barracks and for whom a Government
dining facility/mess is available, is authorized COLA at 47% of the
rate for a member with zero dependents assigned to that location. The
47% rate is also known as the “barracks COLA” rate, and is paid to
reflect such a member’s lower living expenses.
3. SNM would have to be specifically authorized by her commanding
officer (C.O.) or the C.O.’s designee to be paid a COLA rate greater
than barracks COLA. To do so, the C.O. or designee would have to
furnish a statement that a Government dining facility/mess was
unavailable or impractical. Further, the C.O. or designee would have to
justify such a statement. SNM’s request provides no such supporting
documentation, therefore there is no basis to pay SNM a COLA rate other
than barracks COLA, and Cpl payment of the barracks COLA rate is
correct.
4. POC is Mr. GS-14, (CMC MPO-40) at DSN 278-9386, commercial
or Fax,
Head, Military Policy Branch
‘i
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