Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01378-07
Original file (01378-07.rtf) Auto-classification: Denied

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


 LCC
 Docket No. 1378-07
19 Apr 07





This is in reference to your application for correction of your naval recor d pursuant to the provisions of 10 USC 1552.
A thr e e-member panel of the Board for Correction of Naval Records, sitti n g in executive session, considered your application on 17 Ap r il 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 m aterial 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 Nl30 4/07U0285, 29 March 2007, a copy of which is attached.
Afte r careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insu f ficient to establish the existence of probable material error or inju s tice. 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 p anel will be furnished upon request.
It i regretted that the circumstances of your case are such that favo r able action cannot be taken. You are entitled to have the Board reco n sider its decision upon submission of new and material evidence or o her matter not previously considered by the Board. In this rega r d, it is also important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when appl y ing for a correction of an official naval record, the burden is on t e applicant to demonstrate the existence of probable material erro r or injustice.

                                                     
W.       DEAN PFEIFFER
Executive Director


Enclosure



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

7220
Ser N130C4/07U0285
29 Mar 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: REQUEST FOR CONMENT AND RECOMMENDATION
Via:     Assistant for BCNR Matters, Pers-OOXCB

                  Ref:     (a) NAVADMIN 238/05
                 (b) OPNAVINST 7220.12

                  End:     (1)      BCNR Case File #01378-07

1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request for retroactive payment of Basic Allowance for Housing (BAH) at the with-dependent rate for (dependents location) effective 4 Nov 04.

3.       I AW reference (a), NAS Pensacola was designated as a critical housing area (CHA) in 21 Sep 05, therefore the petitioner does not meet the criteria of reference (b) and is entitled to BAH based on his PDS.
4.       N13OC recommends disapproval of the petitioner’s request for retroactive payment of BAH at dependents location (Miami, FL).



W.       DEAN PFEIFFER
Executive Director







 For Official Use Only - Privacy Sensitive - Any misuse or unauthorized disclosure may result in both civil or criminal penalties.

Similar Decisions

  • NAVY | BCNR | CY2007 | 01820-07

    Original file (01820-07.rtf) Auto-classification: Denied

    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 N130C4/07U0250, 20 March 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...

  • NAVY | BCNR | CY2002 | 00167-02

    Original file (00167-02.pdf) Auto-classification: Denied

    Your allegations of error and injustice were A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by CNO memorandum 7220 Ser N which is attached. Enclosure (1) indicates a request for retroactive payment of Basic Allowance for Housing (BAH) at the w/dependent rate for vice his Permanent...

  • NAVY | BCNR | CY2007 | 04982-07

    Original file (04982-07.rtf) Auto-classification: Denied

    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 N130C4/07U0437 of 14 June 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...

  • NAVY | BCNR | CY2006 | 07288-06

    Original file (07288-06.rtf) Auto-classification: Denied

    7288-06 1 Nov 06This 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 31 October 2006. 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,...

  • NAVY | BCNR | CY2007 | 10730-07

    Original file (10730-07.rtf) Auto-classification: Denied

    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 N130C3/08U0321 of 9 May 2008, 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...

  • NAVY | BCNR | CY2006 | 07945-06

    Original file (07945-06.rtf) Auto-classification: Denied

    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 N13OC4/06U0555, 2 October 2006, a copy of each is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient...

  • NAVY | BCNR | CY2006 | 02649-06

    Original file (02649-06.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 08675-00

    Original file (08675-00.pdf) Auto-classification: Denied

    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 this case the member's old PDS was not OCONUS so this article of the JFTR does not apply. 4. reassigned from a PDS in DC) and his dependents remained in the same residence as when the IAW reference (a) article U5222- member served at the old PDS.

  • NAVY | BCNR | CY2002 | 05594-02

    Original file (05594-02.pdf) Auto-classification: Denied

    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. opinion furnished by CNO memorandum 7220 Ser of which is attached. appropriate housing allowance in these circumstances.

  • NAVY | BCNR | CY2006 | 03315-06

    Original file (03315-06.rtf) Auto-classification: Denied

    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. 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. N13OC recommends disapproval of the petitioner’s request to draw BAH based on her previous PDS of ,Por s , VA.