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NAVY | BCNR | CY2007 | 04982-07
Original file (04982-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                              LCC
                                                                                           Docket No.4982-07
                                                                                          26 Jun 07



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three—member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 26 June 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 N130C4/07U0437 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 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 PFEIFFER
         Executive Dir ector
Enclosure






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


 7220
Ser N130C4/07U0437
14 Jun 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS

 Via:     Assistant for BCNR Matters, Pers-OOXCB
Subj:    REQUEST
Ref:     (a) OPNAVINST 7220.12
End:     (1) BCNR Case File #04982-07
1.       Per your request, the following recommendation concerning enclosure (1) is provided.
2.       Enclosure (1) indicates a request for retroactive payment for Basic Allowance for Housing (BAN) at the with—dependent rate for Jacksonville, FL (dependent’s location) vice Kings Bay, GA (present duty station) effective 7 May 07.
3.       I AW reference (a), paragraph Ul00402-B, BAN is based on the member’ s Permanent Duty Station (PDS). I AW reference (b), paragraph 5.b, a member may be paid BAH at dependent location when member resides separately from dependents due to military necessity. Although the petitioner is stationed on the USS TENNESSEE (SSBN 734), considered unusually arduous sea duty, the petitioner is not entitled to BAN based on dependent location due to the fact they do not reside separately.
4.       N130C recommends disapproval of the petitioner’s request to
 draw BAR at previous duty station (Jacksonville, FL) effective 7
May 07.

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


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