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NAVY | BCNR | CY2006 | 03315-06
Original file (03315-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                            2 NAVY ANNEX
                                   WASHINGTON DC 20370-5100


 LCC
Docket No. 315-06
 9 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 9 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 N13OC4/06U0270, 28 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 N130C4/06u0270
28 Apr 06
MEMORA1KJThJM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref:     (a) DODFIVIR Volume 7A, Chapte 26
(b) OPNAVINST 7220.12
End:     (1) BCNR Case File #03315-06

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 Portsmouth, VA (previous duty station) vice Durham, NC (duty station)
3.       lAW reference (a) paragraph 260107.B2, 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 her residence. Therefore, the petitioner’s BAH entitlement is based on her current PDS of Durham, NC.
4.       N13OC recommends disapproval of the petitioner’s request to draw BAH based on her previous PDS of ,Por s , VA.



                                                               Assistant Head, Pay and
 Allowances Section (N130C4)

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