Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 02649-06
Original file (02649-06.doc) Auto-classification: Denied

               DEPARTMENT OF THE NAVY
      BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
            WASHINGTON DC 20370-5100


                                                      LCC
                                                      Docket No. 2649-06
                                                      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 CNO
memorandum 7220 Ser N13OC4/06u0256, 19 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
                   OFFICE OF THE CHIEF OF NAVAL OPERATIONS
                             2000 NAVY PENTAGON
                                         WASHINGTON, D.C. 20350-2000

      7220
                                                            Ser
                                                            N130C4/06U0256
                                                            19 Apr 06


        MEMORAI4DUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
                              OF NAVAL RECORDS


      Via:  Assistant for BCNR Matters, Pers—OOXCB

      Subj:            REQUEST FOR COMMENT AND RECOMMENDATION ICO

      Ref:  (a)  DODFMR Volume 7A, Chapter 26
            (b)  OPNAVINST 7220.12

      End:  (1) BCNR Case File #02649-06

      1.    Per your request, the following recommendation concerning
      enclosure (1) is provided.

      2.    Enclosure (1) indicates a request for retroactive payment of
      Basic Allowance for Housing (BAH) at the with-dependent rate for Los
      Angles, CA (dependent location) vice Camp Pendleton, CA (duty
      station) -

      3.    IAW reference (a) paragraph 260107.132, Low/No Cost moves
      effective July 1, 2001, the Secretary concerned may pay BAH based on
      the old station rate in situations involving low or no cost moves
      within the United States. Although the petitioner did not execute a
      PCS move, it has been determined that the petitioner’s PDS is not
      within reasonable commuting distance of his residence. Therefore, the
      petitioner’s BAN entitlement is based on his current PDS of Camp
      Pendleton, CA.

        4. N13OC recommends disapproval of the petitioner’s request to draw
           BAH based on his previous PDS of Los Angles, CA. Assistant Head,
           Pay and Allowances Section (N130C4)








                                             Assistant Head, Pay and
                                             Allowances Section (N130C4)

Similar Decisions

  • NAVY | BCNR | CY2006 | 08239-06

    Original file (08239-06.rtf) Auto-classification: Denied

    8239-06 1 Nov 06Dear Petty Officer: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 31 October 2006. 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...

  • NAVY | BCNR | CY2006 | 02804-06

    Original file (02804-06.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 7220 Ser N130c4/06u0260, 21 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...

  • NAVY | BCNR | CY2007 | 01516-07

    Original file (01516-07.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 Nl30C4/07U0247, 19 March 2007, 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...

  • NAVY | BCNR | CY2007 | 01820-07

    Original file (01820-07.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 N130C4/07U0250, 20 March 2007, 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...

  • NAVY | BCNR | CY2006 | 07288-06

    Original file (07288-06.rtf) Auto-classification: Denied

    7288-06 1 Nov 06This 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 31 October 2006. 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,...

  • 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 | CY2006 | 03315-06

    Original file (03315-06.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. 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. N13OC recommends disapproval of the petitioner’s request to draw BAH based on her previous PDS of ,Por s , VA.

  • NAVY | BCNR | CY2007 | 09157-07

    Original file (09157-07.rtf) Auto-classification: Denied

    9157-07 16 Jun 08This 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 16 June 2007. 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,...

  • NAVY | BCNR | CY2006 | 03441-06

    Original file (03441-06.rtf) Auto-classification: Denied

    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. 7220Ser 130C4/06U0269 27 Apr 06MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDSVia: Assistant for BCNR Matters, Pers-OOXCB Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO Ref: (a) DODFMR Volume 7A, Chapter 26 (b) OPNAVINST 7220.12 A review of enclosure (1) reveals that the petitioner...

  • NAVY | BCNR | CY2006 | 08277-06

    Original file (08277-06.rtf) Auto-classification: Denied

    8277-06 1 Nov 06This 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 31 October 2006. 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,...