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NAVY | BCNR | CY2007 | 09117-07
Original file (09117-07.rtf) Auto-classification: Denied





LCC
 Docket No. 9117-07
11 Dec 07



D ear
This is in reference to your application for correction of your husband’s 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 3 December 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 husband’s naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CMC memorandum 4050.lC LPD-2, undated, 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
Exec utive Director


Enclosure






        

MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
         
         Subj: PETITION OF        

Ret:     (a) Joint Federal Travel Regulations (JFTR)

~.       This Headquarters has reviewed this request and determined that it does not meet the criteria for reinstatement of your Travel and Transportation entitlements.
2.       The Marine Corps is governed in entitlement matters pertaining to the shipment of Household Goods (HHG) for Marine Corp members by reference (a), which is promulgated from Title 37, US Code.
3.       JFTR, paragraph U5365K(2) states in part “...If a member dies before selecting a home the HHG may be transported at Government’s expense at the dependent’s request to the member’s HOS or the home selected by the dependent s...”
4.       JFTR, paragraph U5265K(3) states “The same time limits as prescribed for members in this paragraph apply to HHG transportation and NTS made by surviving dependents.”
S.       JFTR, paragraph U50121(4) states “An extension must not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of release from active duty or retirement unless a member’s certified on-going medical condition prevents relocation of the member for longer than 6 years from the retirement date.”
6.       This Headquarters has no record of any extension requests from the member within the 6 year period from his 1990 retirement date.
7.       Because 17 years have passed, we have no statutory authority to authorize this shipment at government expense.
8.       We regret that we are unable to provide a favorable response to this request.
9.       Point of contact is

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