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)
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