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NAVY | BCNR | CY2006 | 10234-06
Original file (10234-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


LCC
Docket No. 10234-06
30 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/attach m ents
(2) CNO memorandum 7220 Ser N130C4/07U0005, 4 Jan 07
(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 (BAH) at the with-dependent rate due to the Petitioner acquiring dependents (spouse and child).

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 Petitioner should be paid BAH-DIFF for the period of 15 June 2004 to 13 October 2006. Petitioner should forward that part of the request for BAH at the with-dependent rate for the period 30 September 2003 to 14 June 2004 to DFAS-Cleveland to determine the legality of the Petitioner’s marriage.

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. 10234-06


RECOMMENDAT ION:

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

a.       Petitioner is authorized payment of BAH-Diff for the period 15 June 2004 to 13 October 2006.

b.       That part of the request for BAH at the with-dependent rate for the period 30 September 2003 to 14 June 2004 is denied. Petitioner should forward his request for BAH for this period to DFAS Cleveland, 1240 E. 9 th Street, Cleveland, OH 44199 so that the legality of the Petitioner’s marriage can be determined.

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 ILLIAM 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.




30 January 2007
W. DEAN PFEIFFER
Executive Director



2

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