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NAVY | BCNR | CY2006 | 04298-06
Original file (04298-06.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 LCC
 Docket No. 4298-06
26 Apr 07
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 7220 Ser N13OE/06U0712, 8 Dec 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 was entitled to payment of $6,812.45 for Commercial Meal Rates (CMR), which were authorized during the period of his Temporary Additional Duty (TAD), 2 March through 30 May 2003.
2.       The Board, consisting of Mses. Gilbert, Humphrey, arid McCormick, reviewed Petitioner’s allegations of error and injustice on 9 January 2007 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 to the effect that the request has merit and warrants favorable action.
         c.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
CONCLUS ION
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. 4298-06
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       The amendment to the original orders issued by the USS La S alle AGF 3 which revoked the orders sending the Petitioner on TAD is null and void leaving in effect the original orders that authorized payment of CMR during the period of his TAD, 2 March through 30 May 2003.
 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.


26 April 2007
                                                                        W. DEAN PFEIFFER
         Executive Director
2

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