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NAVY | BCNR | CY2006 | 04290-06
Original file (04290-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
         -                 BOARD FOR CORRECTION OF NAVAL RECORDS
                          2 NAVY ANNEX
         WASHINGTON DC 2O37O~51QQ




 DJC
Docket No. 4290 - 06
 23 Aug 2007


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Sub j:    REVIEW OF NAVAL RECORD ICO

Ref:     (a) Title ~0 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
 (2)      NPC memo 1811 PFRS-4822 of 19 Nov 06
(3)      NRC ltr 1133 5cr 32 of 11 Apr 07
(4)      CNO memo 7220 5cr N13OE/07U0010 of 8 Jan 07
(5)      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 (a) that Petitioner did not have a break in service when she was discharged from the Marine Corps and enlisted in the Navy, (b) that Petitioner attended Officer Candidate School (005) in paygrade E—6 vice E—5, (c) that Petitioner is entitled to payment of Dislocation Allowance (DLA) and (d) that Petitioner is entitled to transportation of household goods (HHG) from Camp Pendleton, CA to Dam Neck, VA.
2.       The Board, consisting of Messrs. Lucas, Mann, and Storz, reviewed Petitioner’s allegations of error and injustice on 7 August 2007 and, pursuant to its regulations, determined that the partial corrective action as 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 enclosures (2), (3) and (4) the offices having cognizance over the subject matter addressed in Petitioner’s application have submitted the following comments. Petitioner was discharged from the United States Marine Corps on 2 January 2006 and executed a “Delayed Entry” enlistment contract beginning at pay grade E—5 on 3 January 2006. she reported to active duty on 9 February 2006. During the period between 3 January 2006 and 9 February 2006, she was not serving on active duty and was not entitled to pay or allowances. That period constituted a break in her active service. As a result of that break, under the governing regulations, she is not entitled to DLA. However, because her break in active service did not exceed one year, she is entitled under the governing regulations to a MEG move from her last duty station (Camp Pendleton) to her new duty station (Dam Neck, VA)
After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was sufficient only to grant the partial relief indicated below pertaining to movement of Petitioner’s MEG. The Board found insufficient evidence that would warrant a change to the records for the remaining relief that Petitioner sought. In this connection, the Board substantially concurred with the comments contained in the advisory opinions that, under the governing regulations, Petitioner is not entitled to DLA. Additionally, in light of her voluntary enlistment in pay grade B-S as evidenced by the enlistment contract, the Board found insufficient evidence of an error or injustice that would warrant a higher grade. Finally, because Petitioner was not on active duty between 3 January 2006 and 9 February 2006, the Board found insufficient evidence to change the record to show that she resumed active duty on 3 January 2006 as she had requested. Accordingly, except for the MEG relief recommended below, Petitioner’s application has been denied.
CONCLUSION
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (4), the Board finds the existence of an injustice warranting the following corrective action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       Petitioner is authorized a HHG shipment from her as sign Permanent Duty Station (PDS) , Camp Pendleton, CA to her new PDS, Dam Neck, VA.
b.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true complete record of the Board’s proceedings in the above entitled matter.


ROBERT D. ZSALMAN                                    WILLIAM 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.

17 August 2007

                                             W. DEAN PFEIFFER
                                              Executive Director
        







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