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NAVY | BCNR | CY2007 | 00481-07
Original file (00481-07.rtf) Auto-classification: Approved
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 LCC
 Docket No. 481-07
27 Feb 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 memo, 7220 Ser N130C4/07U0108, 9 Feb 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 (BAR) for his prior duty station.
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 for the period 18 August 2004 to 24 August 2005 for BAH should be approved because Petitioner did not relocate his residence until 25 August 2005. On 25 August 2005 Petitioner relocated his residence and no longer met the criteria of OPNAVINST 7220.12 or DODFMR, Volume 7a, Chapter 26, and recommends that effective 25 August 2005 his BAR. will be based on his Permanent Duty Station (PDS) of Camp Pendleton, CA.






Docket No. 481-07 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.

RECOMMENDATION:

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

 a.       Petitioner is authorized BAR for the period 18 August 2004 to 24 August 2005 for his prior duty station. The prior duty station was NSHS, 34101 Farenholt Avenue, San Diego, CA 92134-5291.
b.       That part of the request for BAR effective 25 August 2004 to present is denied. Petitioner relocated his residence on 25 August 2005 and does not meet the criteria required in OPNAVINST 7220.12 for BAR for the prior duty station. He is entitled to BAR based on his PDS of Camp Pendleton, CA.
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        WI LLIA M J HESS
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



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