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NAVY | BCNR | CY2006 | 10353-06
Original file (10353-06.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


L CC
 Docket No. 10353-06
27 Feb 07
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW QF NA VAL RECORD ICO

Ref:     (a) Title 10 U.S.C. 1552
         End:     (1)      DD Form 149 w/attachments
                  (2)      NAVSUPSYSCMD ltr 4050 Ser 53G/005, 29 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 requested an extension of the one-year period in which to ship household goods (HHG) at government expense. Petitioner was transferred to the Fleet Reserve effective 1 November 2004.
2.       The Board, consisting of Bourgeois, Boyd, and Mann, reviewed Petitioner’s allegations of error and injustice on 21 February 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.







RECOMMENDATION:

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

 a.       On 11 October 2005 Petitioner submitted a letter to the appropriate naval authorities requesting an extension of the one-year period in which to ship his HHG at government incident to his transfer to the Fleet Reserve effective 31 October 2004. On 12 October 2005 the appropriate naval authorities approved his request for an additional period of 2 years expiring 31 October 2007. Petitioner will be entitled to all entitlements associated with shipping his HHG incident to his transfer to the Fleet Reserve just as if his entitlement had never expired.
b.       Petitioner has until 31 October 2007 to make necessary arrangements to ship his HHG and all HHG storage costs accruing beyond one year from date of transfer to the Fleet Reserve will be at Petitioner’s expense. When he makes his arrangements to ship the HHG he will need a copy of the orders that transferred him to the Fleet Reserve and a copy of this action.
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        WILLIAM J. HESS, I II
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.




 27 February 2007




2

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