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NAVY | BCNR | CY2007 | 04607-07
Original file (04607-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


LCC
Docket No. 4607-07
17 Aug 07


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

Subj:

Ref:     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
(2)      CNO memo 7220 Ser N13OE/07U0456 of 20 Jun 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 full per diem for unavailability of meals during periods of Annual Training and Inactive Duty Training (IDTT) for 2006 and 2007.

2.       The Board, consisting of Messrs. Lucas, Mann, and Storz, reviewed Petitioner’s allegations of error and injustice on 7 August 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.











Docket No. 4607-07
RECOMMENDATION:

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

a.       Petitioner is authorized full per diem for “Messing not available due to irregular hours” for periods of AT and IDTT for the periods 11 January 2006 through 24 January 2006, AT, and 25 January 2006 through 28 January 2006, IDTT.

b.       Petitioner is also authorized full per diem for “Messing not available due to irregular hours” for period of AT and IDTT for the periods 16 January 2007 through 28 January 2007, AT and
29 January 2007 through 1 February 2007, IDTT.

(NOTE: Petitioner should go the closest facility which can compute travel vouchers and ask them compute monies due for this action. Petitioner must present to the Agency computing the money due a copy of all previous vouchers pertaining to the AT and IDTT for 2006 and 2007. Also, a copy of the TDY orders and any other vouchers and receipts pertaining to the AT’s and a copy of this letter. The agency making the computation will not make the actual payment. Petitioner will then the computations of monies due, a copy of this letter and all other vouchers and orders pertaining to the AT’s to DFAS-DE/POCC, 6700 E. Irvington Place, Denver, CO 80279-7100.)

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, I II
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 72 3.6(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 -




17 August 2007
W DEAN PFEIFFER
Executive Director

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