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NAVY | BCNR | CY2006 | 10187-06
Original file (10187-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
Docket No. 10187-06
26 Jan 07
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/attachments
                  (2)      CNO memo 7220 Ser N13OC4/06u0750, 29 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 is entitled to Basic Allowance for Housing (BAN) at the without-dependent for his prior duty station.
2.       The Board, consisting of Ivins, Neuschafer, and Ms Wilcher, reviewed Petitioner’s allegations of error and injustice on 17 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.
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. 10187-06
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       On 4 May 2004 NPC modified the orders that reassigned Petitioner to the CONVAQWINGPAC DET AIMD, Whidbey Island, WA from the USS Abraham Lincoln CVN 72, Everett, WA to delete the Permanent Change of Station (PCS) funding. Petitioner was reassigned within the same geographical area and was not authorized travel of dependent or shipment of household goods at government expense.
b.       Petitioner was authorized payment of BAN for his prior duty station at the without dependent rate for the period of 15 October 2004 to 31 December 2005, and BAN at the with-dependent rate effective 1 January 2006. The prior duty station was the USS Abraham Lincoln CVN 72, Everett, WA 98207.
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. ZSALMAM        WILLIAM J. HESS, II I
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 January 2007
          W. DEAN PFEIFFER
 Executive Director





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