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NAVY | BCNR | CY2007 | 05163-07
Original file (05163-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


LCC
Docket No. 5163-07
17 Aug 07

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


Re f :     (a) Title 10 U.S.C. 1552

End:     (1) DD Form 149 w/attachments
(2)      NAVSUPSYSCMD memo 4050 Ser 53C/079 of 20 Jul 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 submitted a request for an extension of entitlement to ship his household goods (HHG) at government expense incident of his transfer to the Retired List and to convert the cost of storage to the Petitioner at the government rate.

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. 5163-07

RECOMMENDATION:

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

a.       On 11 May 2004 Petitioner submitted a letter to the appropriate naval authorities requesting an extension of the one-year limit on shipping HHG at government expense incident to his transfer to the Retired List. On 11 May 2004 the appropriate naval authorities approved his request for an additional period of 4 years, expiring 31 May 2008. Effective 31 May 2004 all storage cost will convert to the Petitioner at the government rate.

b.       Petitioner must submit to the Personal Property Office, Seal Beach the following documents:

(1)      A copy of this letter.

(2)      Written agreement to reimburse the Government for all storage fees accruing after 31 May 2004. Reimbursement will be at the government rate.

(3)      Petitioner must request shipment of his HHG from non-temporary storage before 31 May 2008.

b.       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 723.6(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


2

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