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NAVY | BCNR | CY2006 | 03832-06
Original file (03832-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON DC 20370-5100


 LCC
Docket No. 3832-06
13 Nov 06
From: Chairman, Board for Correction of Naval Records
 To:      Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
End:     (1)      DD Form 149 w/attachments
         (2)      CNO memo 7220 Ser N130C4/06U0513,12 Sep 06
         (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 payment of Basic Allowance for Housing (BAR) at the with-dependent rate for Washington, DC.
2. The Board, consisting of Messrs. Frankfurt, Geisler, and Leeman, reviewed Petitioner’s allegations oferror and injustice on 24 October 2006 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 that the Petitioner did not meet the burden of proof for dependents residing in Washington, DC but has met the burden of proof that he was indeed married and entitled to payment of BAR at the with-dependent rate for his duty station but not for the designated location of dependents.
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. 3832-06
 RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
                  a. Petitioner was authorized BAR at the with 1 20 July 2004 through 2 2 No vem ber 2005.
b.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4.       Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 72 3.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN                                            WILIAM 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.
13 November 2006
                                                               W. DEAN PFEIFFER
                                                               Executive Director

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