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Decision Text

NAVY | BCNR | CY2006 | 11083-06
Original file (11083-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 L CC
 Docket No. 11083-06
7 Feb 07






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 6 February 2007. 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 N130C4/07U0069, 25 January 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 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,

~


Enclosure










DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000


                                     7220
                                                                                           Ser N130C4/07U0069
                                                                                          25 Jan 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS


 Via:     Assistant for BCNR Matters, Pers-OOXCB

Subj:    REQUEST FOR COMMENT. RECOMMENDATIONS ICO
         Ref: (a) JFTR Volume I, Chapter 10
          (b) OPNAVINST 7220.12
End:     (1) BCNR Case File #11083-06

1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request for payment of Basic Allowance for Housing (BAH) at the with-dependent rate for (dependents’ location) vice (duty station) effective 11 Oct 05.

3.       IAW reference (a), paragraph U100402.B, BAH is based on the member’s Permanent Duty Station (PDS). Reference (a) also allows payment of BAH at dependent location under certain circumstances. Unfortunately, the petitioner’s circumstances do not meet the criteria of reference (a).
4.       N13OC recommends disapproval of the petitioner’s request to draw BAH at dependents’ location.



Assistant Head, Allowances
Section (N130C4)
For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil and criminal penalties.

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