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NAVY | BCNR | CY2007 | 01294-07
Original file (01294-07.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. 1294-07
28 Mar 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/attachments
(2)      CNO memo 7220 Ser N130C4/07U0230, 13 Mar 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 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 belQw 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.

CONCL US 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. 1294-07

RECOMMENDATION:

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

a.       On 13 February 2006 BuPers modified the orders that reassigned Petitioner from the USS John F Kennedy CV 67, homeport Jacksonville, FL to SUBASE KINGS BAY GA, Kings Bay, GA to delete the Permanent Change of Station (PCS) funding citation. Petitioner was reassigned within the same geographical area and was not authorized travel of dependents or shipment of household goods at government expense.

b.       Petitioner was authorized BAR for his prior duty station for the period 15 June 2006 to 11 December 2006. Petitioner’s prior duty station was the USS John F Kennedy CV 67, homeport Jacksonville, FL. (Petitioner will be paid BAR at the rate he was receiving prior to being reassigned and the rate he is presently receiving, which was authorized effective 12 December 2006 by PERS 451 NPC, Millington, TN.)

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, 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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