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Decision Text

NAVY | BCNR | CY2007 | 01820-07
Original file (01820-07.rtf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                                                           LCC
                                                                                           Docket No. 1820-07
                                                                                           12 Apr 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 10 April 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 N130C4/07U0250, 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 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,


         W. DEAN PFIEFFER
         Executive Director










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



 7220
 Ser N130C4/07U0250
 20 Mar 07

MEMORANDDN FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 Via: Assistant for BCNR Matters, Pers-OOXCB
Subj:
Ref: (a) JFTR Volume I, Chapter 10
                   (b)      OPNAVINST 7220.12
         End:     (1)      BCNR Case File #01820-07

 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 (previous duty station) vice Camp Pendleton, CA (duty station) effective 28 Jul 05.
3.       I AW reference (a), paragraph Ul0400-B, Low/No Cost moves effective July 1, 2001, the Secretary concerned may pay BAH based on the old station rate in situations involving low or no cost moves within the United States. Although the petitioner did not execute a PCS move, the petitioner’s previous PDS is not within reasonable commuting distance of his residence. Therefore, the petitioner’s BAR entitlement is based on his current PDS ~
4.       N13OC recommends disapproval of the petitioner’s request to draw BAR based on his previous PDS of San Diego, C



G.       A. PFARR Assistant He d, Pay and
 Allowances Section (N130C4)




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