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NAVY | BCNR | CY2006 | 05168-06
Original file (05168-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 5168-06
30Jan07
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD ICO

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attach m ents
 (2)      CNO memorandum 7220 Ser N13OE/06U0417, 2 Aug 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 the orders that sent Petitioner on a Permanent Change of Station to Dam Neck, VA were modified to show he was sent on Temporary Additional Duty (TDY) vice Permanent Change of Station (PCS).

2.       The Board, consisting of Messrs. Geisler, George, and Wade, reviewed Petitioner’s allegations of error and injustice on 30 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.
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. 5168-06
RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

 a.       On 4 January 2006 BuPers modified the orders sending Petitioner to the NMITC DAM NECK VA, Virginia Beach, VA to attend the Naval Intelligence Officer Basic Course (NIOBC) to show that Petitioner was send on “Temporary Duty (TDY)” vice on “Permanent Change of Station”. The JFTR provides that individuals attending any course of instruction for less than 140 days will be sent TDY. Petitioner will be authorized payment of any entitlements that is normally associated with a period of authorized TDY, in this case for the period 6 March 2006 to 21 July 2006, 138 days, TDY to NIOBC, Dam Neck, VA.
(NOTE: Petitioner should go to the closest facility which can compute travel vouchers and ask them to compute monies due for this action, i,e., TDY to Dam Neck, VA. Petitioner must present to the Agency computing the money due a copy of all previous vouchers pertaining to the TDY to Dam Neck, VA and a copy of all orders pertaining to his PCS and his follow-on orders. The Agency making the computation for payment will not make the actual payment but will give the completed computations to Petitioner. Petitioner will then forward the computation of monies due, a copy of this letter and all other vouchers pertaining to the TDY to DFAS-DE/POCC, 6760 E Irving Place, Denver, CO 80279-7100 for payment.)

 b.       Petitioner will be authorized Basic Allowance for Housing (BAH) for designated location of dependents for the period of TDY to Dam Neck, VA. Address for dependents is 8923 Bald Hill Place, Burke, VA 22015.
c.       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        W I LLIAM 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 7 23.6(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.




 30 January 2007
          W. DEAN P FIEFFER
Executive Director





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