Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08239-06
Original file (08239-06.rtf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 8239-06
1 Nov 06




Dear Petty Officer:
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 31 October 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 N130C4/06U0563, 3 October 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 N130C4/06U0563
 3 Oct 06

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS


 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:
         Ref: (a) DODFMR Volume 7A, Chapter 26
         (b) OPNAVI4ST 7200.12
        
         Encl (1) BCNR Case File #0823-90
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 San Diego, CA (previous duty station) vice Camp Pendleton, CA (duty station) effective 31 Au g 06.
3.       IAW 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 lfl situations involving low or no cost moves within the United States. Although the petitioner did not execute a PCS move, 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 Camp Pendleton, CA.
4.       N13OC recommends disapproval of the petitioner’s draw BAH based on her previous PDS



For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.

Similar Decisions

  • NAVY | BCNR | CY2006 | 02649-06

    Original file (02649-06.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 01516-07

    Original file (01516-07.rtf) Auto-classification: Denied

    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 Nl30C4/07U0247, 19 March 2007, 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...

  • NAVY | BCNR | CY2007 | 01820-07

    Original file (01820-07.rtf) Auto-classification: Denied

    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 N130C4/07U0250, 20 March 2007, 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...

  • NAVY | BCNR | CY2006 | 02804-06

    Original file (02804-06.rtf) Auto-classification: Denied

    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 7220 Ser N130c4/06u0260, 21 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...

  • NAVY | BCNR | CY2006 | 07288-06

    Original file (07288-06.rtf) Auto-classification: Denied

    7288-06 1 Nov 06This 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 31 October 2006. 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,...

  • NAVY | BCNR | CY2007 | 09157-07

    Original file (09157-07.rtf) Auto-classification: Denied

    9157-07 16 Jun 08This 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 16 June 2007. 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,...

  • NAVY | BCNR | CY2006 | 03315-06

    Original file (03315-06.rtf) Auto-classification: Denied

    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. 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. N13OC recommends disapproval of the petitioner’s request to draw BAH based on her previous PDS of ,Por s , VA.

  • NAVY | BCNR | CY2006 | 05709-06

    Original file (05709-06.rtf) Auto-classification: Denied

    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 N130C4/06U0462, 21 August 2006, a copy of each is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient...

  • NAVY | BCNR | CY2006 | 08277-06

    Original file (08277-06.rtf) Auto-classification: Denied

    8277-06 1 Nov 06This 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 31 October 2006. 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,...

  • NAVY | BCNR | CY2006 | 07875-06

    Original file (07875-06.rtf) Auto-classification: Denied

    7875-06 1 Nov 06This 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 31 October 2006. In addition, the Board considered the advisory opinion furnished by CNO memorandum 7220 Ser N130C4/06U0557, 3 October 2006, a copy of each is attached.After careful and conscientious consideration of the entire...