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NAVY | BCNR | CY2006 | 10548-06
Original file (10548-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 10548-06
28 Mar 07
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF RECORD ICO

Ref:     (a) Title 10 U.S.C. 1552
 End:     (1)      DD Form 149 w/attachments
         (2)      CNO memo 7220 Ser N13OE/06U0729, 27 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 payment of per diem in excess of 179 days.

2.       The Board, consisting of Messrs. Ivins, Pfeiffer, and Ms. Countryman, reviewed Petitioner’s allegations of error and injustice on 27 March 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. 10548-06

RECOMI4ENDATION:

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

 a.       On 27 July 2005 the Commander U. S. Naval Station PSC 1006, Box 26, FPO AE 09693-1000 sent a message to NPC requesting the Petitioner’s TAD be extended for an additional period of 385 days. Petitioner was TAD for the period 12 February 2005 through 29 August 2005, 179 days under the original orders. NPC must authorize any TAD in excess of 179 days. On 29 July 2005 NPC approved the request for the period 10 August 2005 through 29 August 2006, the additional 385 days of TAD. FOR DFAS and Agency computing payment for the per diem - it appears that Petitioner has received payment for per diem for the period 12 February 2005 through 31 May 2006. This action validates the payment for the period 10 August 2005 through 31 May 2006 and authorizes payment for the period 1 June 2006 through 29 August 2006.
(NOTE: Petitioner should go to the closest facility which can compute per diem and travel vouchers and ask them to compute monies due for this action, i.e., TAD from Guantanamo Bay, Cuba to Jacksonville, FL and a copy of all orders and vouchers pertaining to his TAD. 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 TAD to DFASDE/POCC, 6760 E. Irving Place, Denver, CO 80279-7100 for payment.)

 b.       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, 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.



 28 March 2007


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