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NAVY | BCNR | CY2007 | 01848-07
Original file (01848-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX     LCC
         WASHINGTON DC 20370-5100         Docket No. 1848-07
                  20 Mar 07

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:
REVIEW OF NAVAL RECORD

Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachinents
(2)      CNO memo 7220 Ser N13OE/07U0235, 15 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 the Temporary Active Duty (TAD) reserve orders issued as Active Duty for Training (ADT) were modified to show Active Dw~yfor Special Work {ADSW) so that she may be paid per diem for the time she was TAD.

2.       The Board, consisting of Messrs. Bourgeois, Boyd, and Hicks, J., reviewed Petitioner’s allegations of error and injustice on 20 March 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 has merit and warrants favorable action.

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 to show that:

a.       On 11 April 2006 the Commanding Officer NOSC Miami, FL issued a modification to Petitioner’s original orders to the TAD to “ADSW” vice “ADT”. Petitioner will be authorized payment of per diem for the period 30 September 2006, 167 days.

(NOTE: Petitioner should go to closest facility which can compute travel vouchers and ask action, i.e., payment of per diem through 30 September 2006, Petitioner must present to the Agency computing the money due a copy of all previous vouchers pertaining to this TAD. The Agency making the computation for payment will not give the completed computations to the Petitioner. The will then forward the copy of this letter and all other: to DFAS-DE/POCC, 6760 E. Irving payment.)

b.       A copy of this Report of Petitioner’s naval record.

4. Pursuant to Section 6(c) of Board for Correction of Naval Re Regulations, Section 723.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitle matter.




ROBERT D. ZSALMAN
                                                     WILLIAM J. HESS, III
Recorder                                                                Acting Recorder




5. Pursuant to the delegation of authority setout 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, take under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy



                  20 March 2007   


                                                                                 W. DEAN PFIFFER
                                                                                 Executive Director
.






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